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

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Although the timing of the employer’s action in close temporal proximity to the employee’s protected activity is an important factor, it does not, without more, demonstrate the necessary nexus between the employer’s action and the protected activity. (p. 12.)

The allegations in the amended charge establish sufficiently close timing to support an inference of unlawful motivation for Charging Party’s termination. At the time the school district decided to terminate Charging Party, she was serving as the union chapter vice president and a member of the union’s bargaining team. The initial Notice of Intent to Discipline informing Charging Party of the school district’s intent to terminate her employment was served approximately one month after Charging Party raised issues about a proposed contractual equity clause. Additionally, in the six months preceding the Notice, Charging Party had requested information from the school district about a new salary schedule containing a lower hourly rate, raised concerns about family care leave and other leaves and about the hourly rate calculation, and requested contractual the union release time to attend the union annual conference. (pp. 12-13.)