EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Cursory Investigation
Single Topic for Decision 2630E
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504.08000 – Cursory Investigation
In determining whether a charging party established a prima facie case of retaliation, the Board is not concerned with the truth of witness’ statements to investigators; rather, the pertinent inquiry for the Board is whether the employer’s investigation was perfunctory, cursory, or inadequate under the circumstances. The fact that some of the statements upon which the employer relied in issuing employee a notice of unprofessional conduct were hearsay does not render its investigation cursory, so as to support an inference of unlawful motivation.