EMPLOYER DISCRIMINATION; ADVERSE ACTIONS – Other

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An employer giving an employee notice of the intent to terminate or discipline (viz., a threat of termination or discipline) for an unlawful reason would also violate employees’ statutory protections and thus by itself constitute an unfair practice. District’s directive that charging party not contact employees who wished not to have such contact is not an adverse action, since no employee was obliged to assist charging party with his defense, and charging party could compel testimony even from recalcitrant employee witnesses by subpoena. Although a directive that an employee not contact other employees may conceivably interfere with employee rights explicitly protected by EERA to “form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation” (EERA, § 3543(a)) or rights arguably protected under EERA for mutual aid and protection, charging party has failed to allege a prima facie case for interference under EERA. To establish a prima facie case of interference, a charging party must allege that the employer’s conduct does or tends to result in some harm to employee EERA rights. Requiring employees to meet the requirements of their profession is not an adverse action.