EMPLOYER DISCRIMINATION; ADVERSE ACTIONS – Transfer, Promotion, or Demotion; Work Assignments and Opportunities

Single Topic for Decision 1259E

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To determine if action is adverse for retaliation allegaion purposes, in case of transfer of teacher from high school to elementary school at same rate of pay and benefits Board applies objective test to determine whether reasonable person would consider the action to have an adverse impact on the employee's employment; p. 18, citing Palo Verde Unified School District (1988) PERB Decision No. 689. Board has found retaliatory, involuntary transfers to be unlawful even when they were not accompanied by any loss of pay or benefits; pp. 18-19.