NLRB Clarifies Burden of Persuasion in Mixed-Motive Labor Cases: Intertape Polymer Decision Explained
On August 28, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued a significant decision in Intertape Polymer Corp., 372 NLRB No. 133 (2023), which provides crucial clarification concerning the burden of persuasion in mixed-motive cases related to adverse employment actions. The Board revisited and clarified Tschiggfrie Properties, 368 NLRB No. 120 (2019),…