EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – No reason or Inconsistent Reasons Given; Shifting Justifications
Single Topic for Decision 2038H
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504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
* * * OVERRULED IN PART ON OTHER GROUNDS by Visalia Unified School District (2022) PERB Decision No. 2806. * * *
Employer’s statement that it planned to reorganize positions to increase efficiency and streamline processes was not vague or ambiguous reason for employee’s reassignment. Employer’s claim in its position statement that reorganization plan was merely a proposal did not establish that employer gave employee inconsistent reasons for the reorganization.