MISCELLANEOUS ISSUES; EDUCATION CODE – In General EMPLOYER DISCRIMINATION; DISCRIMINATION – In General; Elements of Prima Facie Case

Single Topic for Decision 2712M

View all topics for Decision 2712M

Full Decision Text (click on the link to view): Full Text

Absent evidence that a respondent took action that was facially or inherently discriminatory, a charging party has the burden to establish a prima facie case of retaliation by proving, via a preponderance of the evidence, that: (1) one or more employees engaged in activity protected by a labor relations statute that PERB enforces; (2) the respondent had knowledge of such protected activity; (3) the respondent took adverse action against one or more employees; and (4) the respondent took the adverse action “because of” the protected activity, which PERB interprets to mean that the protected activity was a substantial or motivating cause of the adverse action. (p. 15.)