EMPLOYER DISCRIMINATION; DEFENSES – Legitimate Business Purpose/Business Necessity
Single Topic for Decision 2632M
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505.11000 – Legitimate Business Purpose/Business Necessity
An employer who automatically and pre-emptively excludes union-represented employees from an otherwise negotiable benefit granted to unrepresented employees unlawfully discriminates and interferes with protected rights, because its conduct indicates that employees who choose union representation will automatically forfeit participation or eligibility for the benefit, and/or that the benefit is not subject to negotiation.