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

Single Topic for Decision 1946E

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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.