EMPLOYER DISCRIMINATION; DEFENSES – In General

Single Topic for Decision 2647E

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The degree to which evidence constitutes persuasive support for an employer’s affirmative defense necessarily changes with the nature of the adverse action itself. Thus, depending on the quality of the prima facie case, uncorroborated testimony from a single witness is unlikely to be persuasive in the context of a termination premised on a pattern of misconduct. On the other hand, such testimony could well suffice to justify a written warning. Since this case arises from a unique, non-disciplinary displacement of numerous employees, it is necessary to contextualize these decisions before evaluating the persuasiveness of the District’s evidence in support of its non-discriminatory motivations.