EMPLOYER DISCRIMINATION; DEFENSES – In General

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Even when an employer has a managerial, statutory, or contractual right to take an employment action, it violates the law if its actual decision to use that right is based on an unlawful motive, intent, or purpose. (State of California (Correctional Health Care Services) (2021) PERB Decision No. 2760-S, p. 27; City of San Diego (2020) PERB Decision No. 2747-M, p. 29; County of Santa Clara (2019) PERB Decision No. 2629-M, p. 13; County of Lassen (2018) PERB Decision No. 2612-M, p. 6; Berkeley Unified School District (2003) PERB Decision No. 1538, pp. 4-5.) (p. 32, fn. 13.)