EMPLOYER DISCRIMINATION; DISCRIMINATION – In General; Elements of Prima Facie Case

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Retaliation is demonstrated where: (1) the employee exercised statutory rights under a PERB-administered statute, (2) the employer had knowledge of the exercise of those rights, (3) the employer took adverse action against the employee, and (4) the employer took the action because of the exercise of those rights. If the charging party proves all of the elements of its case, the burden of proof shifts to the employer to establish that it had an alternative, non-discriminatory reason for taking the adverse action, and that it, in fact, acted because of this proffered reason and not because of the employee’s protected activity. (pp. 14, 18-19.)