EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Departure from Past Practices or Procedures
Single Topic for Decision 2090M
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504.03000 – Departure from Past Practices or Procedures
* * * OVERRULED IN PART ON OTHER GROUNDS by Walnut Valley Unified School District (2016) PERB Decision No. 2495. * * *
Factors that support a finding of nexus include the employer’s departure from established procedures and standards, its cursory investigation of the employee’s alleged misconduct, and its failure to offer any justification for its actions. County failed to establish any legitimate justification for the issuance of a memo changing working conditions; decision to reassign employee and the imposition of new and onerous restrictions on his working conditions were taken in retaliation for employee’s exercise of protected rights.