EMPLOYER DISCRIMINATION; DEFENSES – Legitimate Business Purpose/Business Necessity

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Employer proved by a preponderance of the evidence that its denials of union president’s requests for union leave were based on a legitimate operational need. Unrebutted evidence showed transit agency was suffering manpower shortage at time leave requests were denied. That agency allowed a few employees to attend a focus group meeting for a few hours on a few days during the same period did not disprove the claimed manpower shortage.