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 of San Diego (2020) PERB Decision No. 2747-M, p. 27.) “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.” (Ibid.) Context is highly relevant in determining whether non-punitive directives are adverse. (Ibid.) (p. 24.)