EMPLOYER DISCRIMINATION; DISCRIMINATION – In General; Elements of Prima Facie Case
Single Topic for Decision 1946E
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501.01000 – In General; Elements of Prima Facie Case
The central dispute surrounds whether or not the charging party alleged sufficient facts to support the allegation that his employer’s reprimand was issued because of his protected conduct and thereby retaliation. Although the charging party established that his reprimand was issued close in time to his protected activity, he failed to plead sufficient facts to demonstrate other evidence of a nexus between his protected activity and the reprimand. The Board rejected an argument for disparate treatment when the charging party failed to present evidence about similarly situated employees. Charging party and another employee were not similarly situated employees as the other employee’s situation involved a grievance about rude behavior via a process that had not concluded, and the charging party’s situation involved discipline for behavior which was determined to have occurred.