EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Disparate Treatment

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University failed to investigate the several critical predicate facts underlying its conclusion that Charging Parties knowingly violated policy, including by seeking out witnesses, campus surveillance, mileage records or other relevant evidence. These missing parts of the investigation were not needless redundancies, but rather go to the heart of whether Charging Parties engaged in conscious and knowing violations as the University claimed when it terminated them. Thus, the University’s failure to pursue these facts indicates disinterest in whether the alleged misconduct actually occurred and strongly signals unlawful motive. Indeed, because an inadequate investigation can prevent an employer from learning the true facts, it can, as here, result in a disproportionate punishment, which is a further indicator of unlawful motive. (pp. 27-28, 41.)