EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Timing of Action

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504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

Timing of the employer’s adverse action in relation to the protected conduct is an important factor relating to strength of the unlawful inference to be drawn, but temporal proximity alone is generally insufficient to demonstrate the requisite nexus. Charging Parties engaged in the protected union picket on November 4, 2016 and were placed on “investigative leave” on November 29, 2016. The close temporal proximity between Charging Parties’ protected activity and the initiation of the disciplinary process supports the inference of unlawful motive. (pp. 22-23.)