EMPLOYER DISCRIMINATION; DISCRIMINATION – Burden of Proof; Evidence

Single Topic for Decision 2591M


View all topics for Decision 2591M

Full Decision Text (click on the link to view): Full Text

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.02000 – Burden of Proof; Evidence

To lose statutory protection, an employee’s speech must be maliciously untrue. Any party alleging that another party acted with “actual malice” must satisfy a heightened standard of proof by coming forward with “clear and convincing” evidence. Assertions largely based on opinion unlikely to lose protection under actual malice standard.