EMPLOYER DISCRIMINATION; DEFENSES – In General

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While the burden of proving an affirmative defense falls on the respondent, evidence regarding management’s response to similar misconduct was equally relevant to charging party’s prima facie case. (Cf. San Diego Unified School District (2019) PERB Decision No. 2634, p. 13, fn. 7 [interplay between the charging party’s burden to establish nexus and the respondent’s burden to prove an affirmative defense is not formulaic].) (p. 34.)