EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Other/In General

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Unlawful motivation is essential to charging party’s case. In the absence of direct evidence, an inference of unlawful motivation may be drawn from the record as a whole, as supported by circumstantial evidence; p. 17, proposed dec. Any of a number of circumstances may justify an inference of unlawful motivation on the part of the employer. Once an inference is made, the burden of proof shifts to the employer to establish that it would have taken the action complained of, regardless of the employee’s protected activities; p. 17, proposed dec.