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

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501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

In order to prevail on a claim of retaliation, the charging party must establish that he engaged in protected activity, that the activity was known to the employer, and that the employer took adverse action because of such activity. The adverse action must involve actual, rather than merely speculative, harm; it must satisfy an objective, "reasonable man" standard considering the impact on the employee's conditions of employment; pp. 47-48. PERB has held that an "employee's right to engage in concerted activity may permit some leeway for impulsive behavior, which must be balanced against the employer's right to maintain order and respect." An activity loses its protected character, when the activity is "opprobrious, flagrant, insulting, defamatory, insubordinate, or fraught with malice"; p. 46. An employer may expect that employee activity be carried out in a fraught with malice"; p. 46. An employer may expect that employee activity be carried out in a