EMPLOYER DISCRIMINATION; DEFENSES – Offensive Personal Characteristics
Single Topic for Decision 2221E
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505.07000 – Offensive Personal Characteristics
* * * OVERRULED IN PART ON OTHER GROUNDS by Bellflower Unified School District (2017) PERB Order No. Ad-447. * * *
Where justification given by the employer for the adverse action was that charging party’s interpersonal skills were deficient, but there was no history of deficiencies, every performance evaluation reflected superior interpersonal skills and colleagues who interacted with charging party all testified that charging party’s interpersonal skills were beyond reproach, the employer failed to establish its affirmative defense.