BURDEN OF PROOF; MERELY PRESENTING A PRIMA FACIE CASE DOES NOT ENTITLE A COMPLAINANT TO PREVAIL
Merely presenting a prima facie case does not entitle a complainant to prevail, but merely forces a respondent to articulate
its reason or reasons for an unfavorable personnel action. Once a respondent has done so, and a full hearing has been held,
the prima facie case analysis is no longer relevant. Moreover, "whether or not the respondent has articulated a reason, the
complainant in order to obtain relief must prove each element of his case by a preponderance of evidence. … Only if the complainant
so proves must the ALJ apply a mixed motive analysis and determine whether the complainant’s employment would have been
terminated anyway." Henrich v. Ecolab, Inc., ARB No. 05-030, ALJ No. 2004-SOX-51 (ARB June 29, 2006),
slip op. at 16 (ALJ did not err in declining to engage in a mixed motive analysis where the Complainant failed to prove that
protected activity was a contributing factor in his termination).
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