EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – No reason or Inconsistent Reasons Given; Shifting Justifications
Single Topic for Decision 1993E
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504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
An employer’s vague or ambiguous reason(s) for adverse action support an inference of unlawful motivation. To be “vague or ambiguous,” reason must be essentially meaningless to employee under the circumstances. Employer’s statement that it would terminate teacher for classroom management problems was not vague or ambiguous because teacher had a documented history of such problems. Employer’s statement that teacher was being nonrenewed because of classroom “inconsistencies” was vague or ambiguous because employer had never discussed such problems with teacher prior to nonrenewal.