EMPLOYER DISCRIMINATION; DISCRIMINATION – In General; Elements of Prima Facie Case

Single Topic for Decision 1529E

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Once OEA stated a prima facie case of discrimination, the District’s defense that it would have placed Robinson on administrative leave regardless of his protected conduct is information that should be considered during the Board’s hearing process. Allegations comprising a defense to discrimination by the school district are properly considered during the Board’s hearing process, not during a consideration of whether sufficient evidence has been produced by the union to state a prima facie case.