EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Disparate Treatment

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The fact that the evidence of unlawful animus is weak or non-existent on the part of the decision-maker does not necessarily provide a defense to a claim of discrimination where the decision-maker is a higher entity that simply ratifies an already tainted decision or fails to make a decision based on an independent and impartial investigation of its own.