EMPLOYER DISCRIMINATION; ADVERSE ACTIONS – Transfer, Promotion, or Demotion; Work Assignments and Opportunities

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In evaluating whether an involuntary reassignment of duties effectuated while misconduct allegations are pending is objectively adverse to employment, “the charging party must ‘present facts demonstrating that a reasonable employee would consider the transfer an adverse action.’” (Coachella Valley Unified School District (2013) PERB Decision No. 2342, adopted proposed decision at p. 17 (internal citation omitted).) Where charging party had been a certified, secondary math teacher for approximately three decades and a classroom math teacher at the high school for most of that time, no reasonable person under these circumstances would find that an involuntary transfer from a classroom teaching position to a non-classroom tutoring assignment was anything but adverse. (Id. at p. 18 [transferring biology and chemistry teacher to a program where he was no longer able to teach laboratory sciences constituted adverse action].)