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

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To demonstrate that an employer has discriminated or retaliated against an employee in violation of MMBA sections 3506 and 3506.5 and PERB Regulation 32603, subdivision (a), the charging party must show that: (1) the employee exercised rights under MMBA; (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. (Novato Unified School District (1982) PERB Decision No. 210, pp. 6-8; County of Yolo (2009) PERB Decision No. 2020-M, p. 10.) If the charging party establishes a prima facie case that protected activity was a motivating factor for the adverse action, the burden shifts to the employer to demonstrate that it would have taken the same action even in the absence of the protected conduct. (Novato, supra, PERB Decision No. 210, p. 14; Yolo, supra, PERB Decision No. 2020-M, p. 17.) (p. 7)