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

Single Topic for Decision 1782C

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To establish a prima facie case of discrimination in violation of section 71635.1 of the Trial Court Act and PERB Regulation 32603(a), the charging party must show that: (1) the employee exercised rights under the Trial Court Act; (2) the employer had knowledge of the exercise of those rights; and (3) the employer imposed or threatened to impose reprisals, discriminated or threatened to discriminate, or otherwise interfered with, restrained or coerced the employee because of the exercise of those rights. Although the timing of the employer’s adverse action in close temporal proximity to the employee’s protected conduct is an important factor, it does not, without more, demonstrate the necessary connection or “nexus” between the adverse action and the protected conduct.