EMPLOYER DISCRIMINATION; DEFENSES – Legitimate Business Purpose/Business Necessity

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Under Campbell, if an employer’s discriminatory conduct is “inherently destructive” of protected rights, no further proof of improper motivation is needed and we may find the employer guilty of an unfair labor practice even if it introduces evidence that its conduct was motivated by legitimate business considerations. However, even if we were to find the District’s conduct caused only comparatively slight harm to protected rights, we would still find merit to the present charge and complaint, given the combination of direct and circumstantial evidence of discrimination and the pretextual nature of the District’s explanations. The District’s post-hoc arguments, including its alleged financial concerns and its desire to maintain certain benefits for higher-ranking unrepresented managers so as to preserve promotional incentives, have already been considered and found unpersuasive.