EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Departure from Past Practices or Procedures

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Discrimination not proved where City denied union president’s same-day vacation request when no employee was similarly situated to the union president. The City departed from past practice or procedure when it issued a performance improvement plan that threatened employee with discipline if he did not meet the required standards listed therein, when the City did not normally include such disciplinary language in its PIPs.