EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Other/In General

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An employer’s conduct around notice or bargaining can evidence discrimination. (See, e.g., City and County of San Francisco (2020) PERB Decision No. 2712- M, p. 26 [allegation that employer refused to respond to bargaining request in a timely and adequate manner suggested discriminatory motive behind related employer conduct]; County of Orange (2018) PERB Decision No. 2611-M, p. 17 [unilateral change evidenced discriminatory animus].) Context is critical in determining whether particular conduct is persuasive proof of discrimination or an independent interference allegation. Where bargaining conduct evidences discrimination, PERB considers it irrespective of whether it was ever alleged or litigated in an unfair practice charge and irrespective of whether it falls within the statute of limitations. (City of Oakland (2014) PERB Decision No. 2387-M, pp. 35-36.)