EMPLOYER DISCRIMINATION; DEFENSES – Lack of Knowledge of Protected Activity
Single Topic for Decision 2206M
Full Decision Text (click on the link to view): Full Text
505.12000 – Lack of Knowledge of Protected Activity
Charging party’s prima facie burden includes showing that the employer, specifically, the decision-maker taking adverse action against the employee, had knowledge of the protected activity; where the protected activity consists of a whistle-blowing report to the mayor that was intercepted before it was sent, the charge failed to allege facts sufficient to establish that the city had knowledge of the protected activity or that knowledge of the report can be imputed to the decision-makers responsible for taking the adverse action.