EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Other/In General

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In applying the Novato standard (Novato Unified School District (1982) PERB Decision No. 210), we often compare the employer’s proffered reasons with the parties’ evidence regarding any alleged wrongdoing “to determine if the employer exaggerated or otherwise mischaracterized what occurred, thereby evidencing an unlawful motivation.” (Adelanto Elementary School District (2019) PERB Decision No. 2630, p. 11.)