EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Disparate Treatment

Single Topic for Decision 2420E

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Employer action is not evidence of discriminatory motivation when there is no evidence that, subsequent to charging party engaging in protected activities, the employer’s actions and handling of discipline differed from that prior to his protected activity, or when there is no evidence that the employer’s handling of charging party’s discipline differed from that of any other similarly-situated employee. Consistent violations of the Education Code before and after charging party’s protected activity that allegedly demonstrated a lack of just cause or procedural violations would not, by themselves, indicate improper motivation because of protected activity.