– Other/In General

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504.14000 – Other/In General

PERB generally analyzes allegations of employer reprisal and discrimination under two lines of cases, which can be distinguished primarily by the manner in which they permit the charging party to prove nexus. (City of Yuba City (2018) PERB Decision No. 2603-M, p. 10.) Under Campbell Municipal Employees Association v. City of Campbell (1982) 131 Cal.App.3d 416, 423-424, a charging party may establish “discrimination in its simplest form” via evidence of “employer conduct that is facially or inherently discriminatory, such that the employer’s unlawful motive can be inferred without specific evidence.” (Los Angeles County Superior Court (2018) PERB Decision No. 2566-C, p. 14 (LA Superior Court).) In the absence of evidence sufficient to trigger the Campbell standard, PERB applies the Novato analysis of nexus factors. (LA Superior Court, supra, PERB Decision No. 2566-C, pp. 14-15.) (p. 8)