EMPLOYER DISCRIMINATION; DEFENSES – In General

Single Topic for Decision 3003H

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Where employees’ protected activity is the only basis for adverse actions, the employer cannot prove that it would have taken the same actions in the absence of the employees’ protected activity. (Mount San Jacinto Community College District (2018) PERB Decision No. 2605, p. 20; State of California (Department of Corrections & Rehabilitation) (2012) PERB Decision No. 2282-S, p. 4.)