How does an employee prove discriminatory motive? The following general categories of facts or circumstances are used to establish a reasonable inference that the discharge was discriminatory:
• employer’s hostile attitude toward matter underlying employee’s protected conduct; • employer’s knowledge of protected conduct; • nature of protected conduct; • special conditions of employment following protected conduct and leading up to discharge; • disparate treatment of discharged employee prior to protected conduct; • previous expressions of satisfaction with work record; • disparate treatment of similarly situated employees; • termination procedure; • timing of discharge; • threats or retaliation against other employees for similar conduct.
