EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – No reason or Inconsistent Reasons Given; Shifting Justifications
Single Topic for Decision 2221E
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504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
* * * OVERRULED IN PART ON OTHER GROUNDS by Bellflower Unified School District (2017) PERB Order No. Ad-447. * * *
Where charging party initially was given no explanation for the action taken, but then was told she did not meet three criteria, and finally was told she was disqualified based on one criteria only, these inconsistent reasons or shifting justifications constituted circumstantial evidence of unlawful motive; where employer provides charging party with a justification for the action taken, the employer cannot then claim that it was under no obligation to provide a justification and therefore the justification cannot be evaluated to determine the employer’s true motive.