EMPLOYER DISCRIMINATION; DEFENSES – Legitimate Business Purpose/Business Necessity

Single Topic for Decision 2675E

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Even if employer’s decision not to place employee on a five-year evaluation cycle could be considered an objectively adverse action, employer established that it would have denied employee’s request to be placed on a five-year evaluation cycle regardless of her protected activities. Indeed, the same evidence of consistent practice that disproved the alleged adverse nature of the decision proves that it was not taken because of charging party’s efforts to vindicate her rights or those of her colleagues. Employer did not treat employee any differently than he treated other bargaining unit members. While employee may have believed she was denied a five-year evaluation cycle because of her protected conduct, the record establishes that such conduct had nothing to do with the decision. (p. 9.)