EMPLOYER DISCRIMINATION; DEFENSES – In General
Single Topic for Decision 2651E
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505.01000 – In General
As part of its defense of a charge of retaliatory discipline, employer need not prove that the employee’s protected activity was “was so opprobrious, flagrant, insulting, defamatory, insubordinate, or fraught with malice as to cause substantial disruption of or material interference with [the employer’s] operations.” PERB uses this standard to determine whether an employee communication that would otherwise be protected under the relevant statute lost its protection because of its content or the manner in which it was communicated. This standard does not apply outside the employee communication context.