EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Other/In General

Single Topic for Decision 1838M

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To establish a prima facie case for discrimination in violation of MMBA section 3506 and PERB Regulation 32603(a), the charging party must demonstrate a “nexus” between the adverse action and the protected conduct. 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.