EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Other/In General
Single Topic for Decision 1520E
Full Decision Text (click on the link to view): Full Text
504.14000 – Other/In General
PERB has long recognized that direct evidence of discriminatory intent – the proverbial “smoking gun” – is rarely possible. Accordingly, the Board has held that circumstantial evidence of discriminatory intent may be sufficient to establish the required nexus.