EMPLOYER DISCRIMINATION; DISCRIMINATION – Burden of Proof; Evidence

Single Topic for Decision 2629M

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In Los Angeles Unified School District (2016) PERB Decision No. 2479, PERB disavowed the suggestion in County of Santa Clara that, with respect to a probationary employee, “[a]n employee alleging discrimination who is subject to dismissal without cause bears a heavier burden in overcoming the employer’s case for non-discriminatory motive.” (Los Angeles, supra, PERB Decision No. 2479, p. 14, quoting County of Santa Clara (2012) PERB Decision No. 2267-M, adopting ALJ proposed decision, at p. 21.) (p. 12)