EMPLOYER DISCRIMINATION; DISCRIMINATION – In General; Elements of Prima Facie Case

Single Topic for Decision 2671E

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To demonstrate that an employer discriminated or retaliated against an employee in violation of Educational Employment Relations Act (EERA) section 3543.5, subdivision (a), the charging party must show that: (1) the employee exercised rights under EERA; (2) the employer had knowledge of the exercise of those rights; (3) the employer took adverse action against the employee; and (4) the employer took the action because of the exercise of those rights. The charging party has the initial burden of demonstrating the “because of” element, that is, a causal connection or “nexus” between the adverse action and the protected conduct. Because “retaliatory conduct is inherently volitional in nature,” evidence of unlawful motive is the specific nexus required to establish a prima facie case. (pp. 5-6.)