EMPLOYER DISCRIMINATION; DISCRIMINATION – Burden of Proof; Evidence
Single Topic for Decision 2654E
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501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.02000 – Burden of Proof; Evidence
501.02000 – Burden of Proof; Evidence
The outcome of a discrimination or retaliation case is determined by the weight of the evidence supporting each party’s position. (p. 17.) Once the charging party establishes its prima facie case, PERB weighs the evidence supporting the employer’s alternative, non-discriminatory reason justification for the adverse action against the evidence of the employer’s unlawful motivation. (pp. 16-17.)