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

Single Topic for Decision 0957E

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In order to establish a prima facie case of discrimination or reprisal, the charging party must show that he engaged in conduct that is protected activity within the meaning of EERA; p. 18, proposed dec.; that the employer have actual or imputed knowledge of the protected conduct; p. 19, proposed dec.; that a nexus exists. Various factors have been employed to determine unlawful motivation in reprisal cases including statements of, or indicating such motive, are strong indications thereof. (Santa Clara Unified School District (1979) PERB Decision No. 104; p. 20, proposed dec.