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

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“To establish the final element of the prima facie case, the charging party must show that the employee’s protected activity was a motivating factor in the employer’s decision to impose the adverse action.” (Omnitrans (2010) PERB Decision No. 2121-M, p. 9.) PERB considers direct evidence, circumstantial evidence, or a combination. (Id. at p. 10.) Direct evidence is rarely attainable, and in any event, there is no hierarchy between direct and circumstantial evidence, as PERB considers all evidence for its persuasive value. (Id. at pp. 9-10; Los Angeles County Superior Court (2018) PERB Decision No. 2566-C, p. 20, fn. 13.)