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

Single Topic for Decision 1853H

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* * * OVERRULED ON OTHER GROUNDS by Sonoma County Superior Court (2015) PERB Decision No. 2409-C. * * *

Evidence of adverse action is required to support a claim of discrimination or reprisal. In determining whether such evidence is established, the Board uses an objective test and will not rely upon the subjective reactions of the employee. An involuntary transfer to a position with less favorable working condition has been found to constitute an adverse action.