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

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Evidence showed that District treated employee who engaged in protected activities disparately from other employees. First, the District had not terminated any other employee for unintentionally misreporting attendance. And, prior to its investigation of employee, the District had never performed a full-scale audit looking at every data entry in computer program to determine whether an attendance clerk had made incorrect entries. Such disparate treatment indicated unlawful motive. (pp. 31-32.)