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

Single Topic for Decision 2622E

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When an employer initiates an investigation into an employee’s conduct prior to any knowledge of the employee’s protected activity and follows its customary practices in the investigation, it is difficult to demonstrate pretext, absent other factors raising an inference of unlawful motivation. However, retaliation may be shown if the employer alters its investigation practices or related employment decision in response to any intervening protected activity. (p. 7.) The District began its investigation before it learned of the employee’s protected activity and the evidence shows the protected activity did not influence the conduct or result of its investigation. (pp. 8-9.)