EMPLOYER DISCRIMINATION; DEFENSES – In General
Single Topic for Decision 2121M
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505.01000 – In General
Employer bears burden of proving affirmative defense that it would have taken adverse action even in the absence of employee’s protected activity. Employer proved affirmative defense by showing it would have terminated employee for excessive absences even though some of the absences were for union business. Some absences were for personal business, employee failed to properly request union leave for others, and absences were legitimately charged when employee failed to report for work on days union leave had been denied because employer showed legitimate operational need for denials. Validly charged absences totaled more than enough for termination under attendance provision of MOU.