EMPLOYER DISCRIMINATION; DISCRIMINATION – In General; Elements of Prima Facie Case

Single Topic for Decision 2692M

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* * * Remedial Order VACATED and MODIFIED by City of South Pasadena (2021) PERB Decision No. 2692a-M. * * *

To demonstrate that an employer discriminated or retaliated against an employee in violation of the Meyers-Milias-Brown Act (MMBA), a charging party must prove that: (1) the employee exercised rights under the MMBA; (2) the employer had knowledge of the exercise of those rights; (3) the employer took adverse action against the employee; and (4) the employer took the action because of the exercise of those rights. (p. 10.)