EMPLOYER DISCRIMINATION; DEFENSES – In General
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505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.01000 – In General
505.01000 – In General
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 for the adverse action against the evidence of the employer’s unlawful motivation. (pp. 16-17.)