EMPLOYER DISCRIMINATION; DEFENSES – Legitimate Business Purpose/Business Necessity
Single Topic for Decision 2675E
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505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.11000 – Legitimate Business Purpose/Business Necessity
505.11000 – Legitimate Business Purpose/Business Necessity
Employer established its affirmative defense that it would have scheduled employee for consecutive evaluations even in the absence of protected activity, based solely on concerns relating to employee’s performance. The ALJ correctly weighed the employer’s evidence in support of its affirmative defense against the evidence supporting charging party’s prima facie case and concluded that the employer would have followed the same course of action even absent any protected activity. (p. 10.)