EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – No reason or Inconsistent Reasons Given; Shifting Justifications

Single Topic for Decision 2031M


View all topics for Decision 2031M

Full Decision Text (click on the link to view): Full Text

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications

* * * OVERRULED IN PART ON OTHER GROUNDS by City of Roseville (2016) PERB Decision No. 2505-M. * * *

Exaggerated reasons given by the employer or its agents for the alleged unlawful conduct support an inference of retaliation. The employer, however, failed to establish any legitimate justification for large increases in budget shifting expenses from salaries and benefits to attorney fees, utilities, janitorial expenses, and equipment parts and supplies, necessitating layoff of employees.