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

Single Topic for Decision 2411E


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504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.14000 – Other/In General

Although an employer’s managerial prerogative to raise performance and professional misconduct issues with employees is beyond doubt, an inference of unlawful motivation is created when such issues are raised in immediate response to the exercise of statutory rights; in such a case, the threat of adverse action becomes closely enmeshed with the protected activity “to a point not well tolerated by the statutory scheme.”