Headnote for 2635Ma, 504.12 Employer Statements or Conduct; Threats - California Public Employment Relations Board

EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Employer Statements or Conduct; Threats

Single Topic for Decision 2635Ma

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504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.12000 – Employer Statements or Conduct; Threats

Applying City of Oakland (2014) PERB Decision No. 2387-M (City of Oakland) in recent decisions, PERB explained that an employer’s statements may or may not be evidence of an unlawful motivation, depending on the circumstances, irrespective of whether they qualify as threats or promises. (See City of Arcadia (2019) PERB Decision No. 2648-M, p. 30; State of California (Department of Correctional Health Care Services) (2019) PERB Decision No. 2637-S, pp. 15-16; California Virtual Academies (2018) PERB Decision No. 2584, p. 29.)