EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Union Activity of Discriminatee

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“Where the employer’s words or actions reveal that the adverse action was taken in response to the employee’s protected activity, such conduct serves as direct evidence of unlawful motive.” (Chula Vista Elementary School District (2018) PERB Decision No. 2586, p. 26.) The Board found direct evidence of unlawful motive because the disciplinary notices were explicitly based in part on protected activity.