EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – No reason or Inconsistent Reasons Given; Shifting Justifications
Single Topic for Decision 2161M
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504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
An employer’s failure to offer justification at the time it took an adverse action is not a reliable indicator of discriminatory intent unless the employer was required by law, policy, or past practice to give a reason for the action. No inference of unlawful motive drawn when an employer told an employee he was being rejected on probation because he “no longer fit into the organization” and the record did not establish that the employer was required to give a more specific reason.