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

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Under the subordinate bias theory, a supervisor’s unlawful motive may be imputed to the decisionmaker when: (1) the supervisor’s recommendation, evaluation, or report was motivated by the employee’s protected activity; (2) the supervisor intended for his or her conduct to result in an adverse action; and (3) the supervisor’s conduct caused the decisionmaker to take adverse action against the employee. While closeness in time between protected activity and supervisor’s recommendation supported an inference of unlawful motive, evidence failed to establish any other factors that would support such an inference.