EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Timing of Action

Single Topic for Decision 1743E

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Although close in time, the Board found no other evidence of nexus between the performance appraisals/reprimands and Cummings’ protected conduct. With regard to his placement on a performance improvement plan (PIP), the Board found the adverse action not to be sufficiently close in time to the protected activity. There were no other facts alleged to demonstrate a nexus between the protected activity and the PIP.