EMPLOYER DISCRIMINATION; DISCRIMINATION – In General; Elements of Prima Facie Case
Single Topic for Decision 2021E
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501.01000 – In General; Elements of Prima Facie Case
Unfair practice charge failed to state a prima facie case for retaliation because it failed to provide evidence demonstrating employer knowledge, failed to establish adverse employment action, and failed to provide evidence of nexus. Charging Party, a teacher, failed to provide evidence that a change in class teaching assignment and/or failure to provide certain educational resources, constituted an adverse impact on Charging Party’s employment. Additionally, the presence of a District supervisor at meetings where charging party engaged in protected activity was not sufficient to establish employer knowledge, where the supervisor was present in her capacity as a representative for the union and the charge failed to provide evidence to establish that the individual was an agent or representative of the District.