EMPLOYER DISCRIMINATION; DEFENSES – Legitimate Business Purpose/Business Necessity

Single Topic for Decision 2235E

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505.11000 – Legitimate Business Purpose/Business Necessity

Record established that employer made decision regarding substitute employee’s employment based upon the fact that he falsified his timecard and that other employees had similarly been terminated for timecard falsification. Thus, employer established that it would have terminated employee’s employment even if he had not engaged in protected activity.