EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Union Activity of Discriminatee
Single Topic for Decision 2121M
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504.05000 – Union Activity of Discriminatee
Admittedly taking adverse action against an employee because of the employee’s protected activity provides direct evidence of the employer’s unlawful motivation and is sufficient in itself to establish the required nexus between the employee’s protected activity and the employer’s adverse action. Prima facie case of retaliation established when employer fired employee in part for absences on days when employee was conducting union business.