EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Business Necessity

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Although motive is not relevant to a prima facie interference allegation, it may be part of the respondent’s affirmative defense, such as a legitimate business purpose. In such cases, PERB analyzes the proffered defense similar to a “mixed motive” discrimination case, by determining not only whether the employer’s stated justification is legitimate, but also whether it was the reason for the employer’s action. Thus, motive and specifically whether a respondent’s proffered motive is pretextual, may be an issue relevant to an employer’s defense to an interference allegation.