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

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Where employee and employee representative gave no advance notice of their visit, common standards of reasonableness dictate that employer is not required to instantly accommodate a request for copies of documents in employee's personnel file; p. 23. The standard for deciding alleged violations of HEERA subsection 3571(a) is equal to that applied to EERA subsection 3543.5(a) as expressed in Carlsbad Unified School District (1/30/79) PERB Decision No. 89, and in Novato Unified School District (4/30/82) PERB Decision No. 210, i.e., that a protected activity was a "motivating factor" in the employer's decision to engage in the complained of conduct; pp. 12-13.