EMPLOYER DISCRIMINATION; DEFENSES – Legitimate Business Purpose/Business Necessity

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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.)