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

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Employer retaliated against employee by disciplining him on the same day he participated in union negotiations. By attempting to enforce a superseded and more onerous 48-hour notice requirement for union leave, rather than 24 hours as provided in the current contract and practices, the employer treated the employee in a disparate manner from all other similarly situated employees, and deviated from past practices. Together, this conduct established unlawful motivation.