EMPLOYER DISCRIMINATION; DEFENSES – Lack of Knowledge of Protected Activity
Single Topic for Decision 2066M
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505.12000 – Lack of Knowledge of Protected Activity
PERB will not impute knowledge of employee’s protected activity to the decision maker when the protected activity was known only to employees who played no role in the adverse action. Supervisor who met with employee and union representative about employee’s use of leave had no role in subsequent decision to terminate employee’s employment and health benefits. Thus, supervisor’s knowledge of employee’s protected activity could not be imputed to the decision maker.