EMPLOYER DISCRIMINATION; ADVERSE ACTIONS – In General

Single Topic for Decision 2671E


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503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Discriminatory enforcement of a work rule for the purpose of harassing or intimidating an employee in retaliation for having engaged in protected activity constitutes an adverse action. Here, the evidence did not show any discriminatory enforcement of the collective bargaining agreement’s class size provisions against charging party because kindergarten class sizes at the school did not differ by more than three students, consistent with the collective bargaining agreement. (Adopting proposed decision at p. 22.)