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

Single Topic for Decision 2161M

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Employee established a prima facie case of retaliation when: (1) he was rejected on probation the same day he made complaints in a staff meeting; and (2) the employer did not investigate allegations that the employee did not get along with his supervisor and co-workers, and had returned from the job site early on two days. The employer’s statement to the employee that he was being rejected on probation because he “no longer fit into the organization” did not support an inference of unlawful motive because the employer was not required by law, policy, or past practice to give a specific reason for rejecting an employee on probation.