EMPLOYER DISCRIMINATION; DISCRIMINATION – In General; Elements of Prima Facie Case
Single Topic for Decision 2106Sa
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501.01000 – In General; Elements of Prima Facie Case
The discrimination/retaliation standard set forth in Novato Unified School District (1982) PERB Decision No. 210, applies when an employer is alleged to have taken an adverse action against an individual employee because of the employee’s participation in protected activity. The discrimination standard set forth in Campbell Municipal Employees Assn. v. City of Campbell (1982) 131 Cal.App.3d 416, applies when the employer is alleged to have discriminated between two groups of employees because one of the groups participated in protected activity. To establish a prima facie case under the Campbell standard, the charging party must show that the employer engaged in conduct which could have harmed employee rights to some extent. The employer’s provision of lower cost dental benefits to non-union member employees established a prima facie case of discrimination against employees who exercised their right to join the union.