EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Employer Statements or Conduct; Threats

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It is axiomatic that the purpose of the employment interview is to elicit information from a candidate in order to make a hiring decision. The Board holds that when an employer asks an interviewee whether he or she is sympathetic to other employees exercising their rights under EERA, it creates a strong inference of discrimination and may constitute direct evidence of discrimination, thus, the requirement of nexus is satisfied for purposes of establishing a prima facie case.