EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Other/In General

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. * * *

Because PERB assesses all facts and circumstances relevant to an employer’s motivation, the Board may also consider, as part of the overall set of facts, whether the employer’s departure from the law or its own Skelly practices contribute to evidence of unlawful motivation. Although the Board expressed no opinion and made no finding as to whether the employer violated constitutionally-mandated pre-deprivation safeguards required under Skelly, as the issue was not before it, the Board noted the following facts: manager initiated the underlying investigation into employee, was substantially involved in determining which witnesses the investigator should interview, issued the Intent of Notice to Terminate, served as the Skelly officer without any other manager reviewing the matter at the pre-deprivation stage, and ultimately issued the Notice of Termination. (pp. 14-15.)