EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Other/In General
Single Topic for Decision 1520E
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504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.14000 – Other/In General
504.14000 – Other/In General
PERB has long recognized that direct evidence of discriminatory intent – the proverbial “smoking gun” – is rarely possible. Accordingly, the Board has held that circumstantial evidence of discriminatory intent may be sufficient to establish the required nexus.