EMPLOYER DISCRIMINATION; ADVERSE ACTIONS – In General

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PERB uses an objective test to determine whether an employer’s action is adverse. (City and County of San Francisco (2020) PERB Decision No. 2712-M, p. 19 (San Francisco), citing Chula Vista Elementary School District (2018) PERB Decision No. 2586, pp. 24-25 (Chula Vista).) “The test which must be satisfied is not whether the employee found the employer’s action to be adverse, but whether a reasonable person under the same circumstances would consider the action to have an adverse impact on the employee’s employment.” (San Francisco, at pp. 19-20, citing Chula Vista, at p. 25 (internal citation omitted).) Context is highly relevant in determining whether non-punitive directives are adverse. (San Diego Unified School District (2019) PERB Decision No. 2683, p. 9.)