EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Other/In General

Single Topic for Decision 2124E

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Although the timing of the employer’s actions in close temporal proximity to the employee’s protected conduct is an important factor, it does not, without more, demonstrate the necessary connection or “nexus” between the adverse action and the protected conduct. Consequently, in order to establish a nexus, the charging party must demonstrate one or more of the following additional factors is present: (1) the employer’s disparate treatment of the employee; (2) the employer’s departure from established procedures and standards when dealing with the employee; (3) the employer’s inconsistent or contradictory justifications for its actions; (4) the employer’s cursory investigation of the employee’s misconduct; (5) the employer’s failure to offer the employee justification at the time it took action or the offering of exaggerated, vague, or ambiguous reasons; (6) employer animosity towards union activists; or (7) any other facts that might demonstrate the employer’s unlawful motive.