Labels:book | reckoner | sky | tree OCR: [w]hen seeking to be excused from his obligation to rei nstate ur pay backpay discriminatee because of misconduet which was not factor the discriminatory aetion, employer has heavier burden than when he 13 merely seeking to justify the original discrimination. the former case, he has the burden of proving -siu cond uct 80 flagrant render the employee unfit for further service threat efficiency in the plant. Id at 1193 1194 11.5 (internal quotation marks omitted) Ouens Illinois, the respondent had "completely failed meet its burden of establishing that [the discriminatee] is unfit for further employ- ment 1193, because if did not introduce dence establish that [the discriminatee s1 false testimony would have any impact on her performance reinstated 1194. The Board's analysis in Ouens Illino ...
(.png)
