All notes for Subtopic 503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities

DecisionDescriptionPERC Vol.PERC IndexDate
2671E Lake Elsinore Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
In determining whether evidence of adverse action is established, the Board uses an objective test and will not rely upon the subjective reactions of the employee. The effect on pay and benefits is not the only determiner of whether a transfer constitutes an adverse action. Other factors the Board looks to in transfer situations are increased preparation time to teach a new curriculum and more difficult students in the new assignment. Here, charging party’s reassignment from first grade to kindergarten was an adverse action because charging party had to spend time learning and preparing for a new curriculum, was subjected to more parental scrutiny, and generally had to provide more assistance and attention to kindergarten students than to first grade students. (Adopting proposed decision at pp. 20-21.) more or view all topics or full text.
09/27/19
2712M City and County of San Francisco
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
The Office of the General Counsel correctly found that union alleged the employer took adverse actions against employee by not promoting her to an open, more highly paid position. (p. 20.) more or view all topics or full text.
05/06/20
2683E San Diego Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Board found context highly relevant in determining that a reasonable employee would find requiring a teacher to attend professional development courses in which teachers shared lesson plans constituted an adverse action where the teacher was assigned to a “do nothing” position with no students and consequently had no lesson plans to share. In another context, non-punitive directives may not constitute adverse action. (Chula Vista Elementary School District (2018) PERB Decision No. 2586, p. 25, quoting Newark Unified School District (1991) PERB Decision No. 864, pp. 11-12.) more or view all topics or full text.
11/20/19
2683E San Diego Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
The Board affirmed the ALJ’s finding that school teacher established a prima facie case that school district was at least partially motivated by retaliatory animus when it assigned her to report for a job each day that had no duties, but that school district proved its affirmative defense by showing that it would have taken the same actions even in the absence of protected activity. The Board agreed with the ALJ that requiring a teacher to report each day for a “do-nothing” assignment is an adverse action. The Board, however, reversed the ALJ’s conclusions that certain written directives were not adverse actions, finding them to be integrally related to the “do nothing” assignment. The written directives prohibited the teacher from offering to cover classes for other teachers, entering classrooms during instructional time, visiting with teachers during preparation time, and using the school’s instructional supplies or office equipment. The directives also required the teacher to attend professional development courses in which teacher shared lesson plans, even though teacher did not have any lesson plans to share because she had no students. A reasonable employee would see management’s directives as adverse, because they were part and parcel of the “do nothing” job assignment. more or view all topics or full text.
11/20/19
2683E San Diego Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Board found context highly relevant in determining that a reasonable employee would find requiring a teacher to attend professional development courses in which teachers shared lesson plans constituted an adverse action where the teacher was assigned to a “do nothing” position with no students and consequently had no lesson plans to share. In another context, non-punitive directives may not constitute adverse action. (Chula Vista Elementary School District (2018) PERB Decision No. 2586, p. 25, quoting Newark Unified School District (1991) PERB Decision No. 864, pp. 11-12.) more or view all topics or full text.
11/20/19
2683E San Diego Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
The Board affirmed the ALJ’s finding that school teacher established a prima facie case that school district was at least partially motivated by retaliatory animus when it assigned her to report for a job each day that had no duties, but that school district proved its affirmative defense by showing that it would have taken the same actions even in the absence of protected activity. The Board agreed with the ALJ that requiring a teacher to report each day for a “do-nothing” assignment is an adverse action. The Board, however, reversed the ALJ’s conclusions that certain written directives were not adverse actions, finding them to be integrally related to the “do nothing” assignment. The written directives prohibited the teacher from offering to cover classes for other teachers, entering classrooms during instructional time, visiting with teachers during preparation time, and using the school’s instructional supplies or office equipment. The directives also required the teacher to attend professional development courses in which teacher shared lesson plans, even though teacher did not have any lesson plans to share because she had no students. A reasonable employee would see management’s directives as adverse, because they were part and parcel of the “do nothing” job assignment. more or view all topics or full text.
11/20/19
2634E San Diego Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
In evaluating whether an involuntary reassignment of duties effectuated while misconduct allegations are pending is objectively adverse to employment, “the charging party must ‘present facts demonstrating that a reasonable employee would consider the transfer an adverse action.’” (Coachella Valley Unified School District (2013) PERB Decision No. 2342, adopted proposed decision at p. 17 (internal citation omitted).) Where charging party had been a certified, secondary math teacher for approximately three decades and a classroom math teacher at the high school for most of that time, no reasonable person under these circumstances would find that an involuntary transfer from a classroom teaching position to a non-classroom tutoring assignment was anything but adverse. (Id. at p. 18 [transferring biology and chemistry teacher to a program where he was no longer able to teach laboratory sciences constituted adverse action].) more or view all topics or full text.
4315603/22/19
2647E Los Angeles Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Involuntary displacement from former teaching position resulting from magnet school conversion constitutes an adverse action under EERA. more or view all topics or full text.
4319706/12/19
2631E Antelope Valley Union High School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Using an objective test, a reasonable person might perceive an employee’s revised schedule—in which the employer removed all classes of a particular subject matter—to be less prestigious, to be a step down on the career ladder, or to feature lesser working conditions, even if the employee did not lose compensation as a result of the change. (pp. 9-10.) more or view all topics or full text.
4314803/05/19
2538E San Diego Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Employer’s initiation of the contractual reassignment process by giving notice that it would be seeking to reassign employee due to repeated complaints about employee’s teaching methodology was sufficient to establish an adverse action. Even though notice did not threaten employee with loss of her job or a reduction in pay, it would be readily seen by a similarly-situated employee as an accusation of professional incompetence requiring a formal defense or, at minimum, likely affecting future employment decisions. more or view all topics or full text.
424109/07/17
2493H Regents of the University of California (Irvine)
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Employer removed an employee from clinical duties and required temporary remedial training. Not only would a reasonable person consider these changes to have an adverse impact on working conditions, such action can be considered akin to receiving a poor evaluation, which the Board has long held to constitute an adverse action. more or view all topics or full text.
413206/30/16
2463E Chico Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Decision to assign teacher to teach different classes constituted adverse action because the assignment created less favorable working conditions. more or view all topics or full text.
4010612/22/15
2453E Cabrillo Community College District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
To the extent that the Office of the General Counsel determined that the withdrawal of tentatively scheduled employment and all future employment is an adverse action, we concur. more or view all topics or full text.
405709/17/15
2370H Regents of the University of California (San Francisco)
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
In making the adverse action determination here, charging party’s former position, which no longer existed, could not provide the basis for comparison with the two lower level appointments offered by employer in settlement of the grievance. The appropriate comparison in determining whether the employer’s actions were adverse would be between the two appointments offered and no appointment at all (i.e., lay-off), in which case the employer’s grievance settlement offer was not adverse. more or view all topics or full text.
3815504/18/14
2258M County of San Diego
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Charge failed to establish that employer’s decision to transfer employee resulted in any change in working conditions. Accordingly, there is insufficient information to conclude whether a reasonable person under the same circumstances would find the transfer to be adverse to employment. more or view all topics or full text.
3616904/26/12
2244E Los Angeles Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Decision to bar substitute teacher from working at a particular school and to remove her from the preferred substitute list are adverse actions. more or view all topics or full text.
3613302/29/12
2219E Los Angeles Community College District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Employee failed to prove that office relocation constituted an adverse action, where there was no objective evidence that a reasonable person would find it to be a bad place to work. Employee’s subjective feelings of loneliness, isolation and punishment did not meet objective reasonableness standard. more or view all topics or full text.
368211/15/11
2140H Trustees of the California State University (San Marcos)
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
The employer’s transfer of work from charging parties to other employees did not constitute adverse action when the charge failed to allege facts showing that the charging parties suffered reduced hours or loss of pay or overtime opportunities as a result. more or view all topics or full text.
3416511/02/10
2122M County of Tehama
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
An employer’s action is adverse if a reasonable person under the same circumstances would consider the action to have an adverse impact on the employee’s employment. The action, however, must involve actual and not merely speculative harm. Thus, an adverse action will not be found in situations involving a future adverse impact on employment conditions when such impact is speculative. more or view all topics or full text.
3411106/28/10
2091E San Joaquin Delta Community College District * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Charge failed to establish that charging party was involuntarily transferred, where charge only alleged that charging party was asked whether he wanted to transfer to another location. more or view all topics or full text.
343801/29/10
2065M County of Riverside
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Reclassification of employee’s position was not an adverse action because employee’s pay and job duties remained the same after reclassification. more or view all topics or full text.
3316209/25/09
2020M County of Yolo
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
A reasonable person would conclude that losing an alternate work schedule would have an actual adverse impact on an employee’s employment and therefore the involuntary reassignment constitutes an adverse action. more or view all topics or full text.
337504/30/09
2038H Trustees of the California State University * * * OVERRULED IN PART by Santa Clara Valley Water District (2013) PERB Decision No. 2349- M
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Threat to reassign employee from position requiring use of independent judgment to position doing basic clerical work constituted adverse action. Withdrawal of reclassified position not adverse when employee was not qualified for position. more or view all topics or full text.
3310606/11/09
2021E Alvord Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Where compensation and the number of classes taught remained the same, a change in a teacher’s class schedule and/or the failure of the District to provide teaching resources, is not sufficient to establish adverse action for the purpose of supporting a prima facie case for reprisal. Charging Party must provide facts showing that a reasonable person would consider the action to have an adverse impact on the employee’s employment. more or view all topics or full text.
337604/30/09
1980E San Mateo County Community College District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Cancellation of employee’s teaching assignment was adverse action because it resulted in loss of pay. more or view all topics or full text.
3215310/17/08
1853H Trustees of the California State University * * * OVERRULED by Sonoma County Superior Court (2015) PERB Decision No. 2409-C
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Evidence of adverse action is required to support a claim of discrimination or reprisal. In determining whether such evidence is established, the Board uses an objective test and will not rely upon the subjective reactions of the employee. An involuntary transfer to a position with less favorable working condition has been found to constitute an adverse action. more or view all topics or full text.
3015508/29/06
1664M City and County of San Francisco
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
The charge did not allege sufficient information to show that the City’s conduct of involuntary transfer, failure to invite to meetings, order to cease outside correspondence, and order to provide schedule, comprises adverse action since it must involve actual and not merely speculative harm. The inquiry is whether a reasonable person under the same circumstances would consider the action to have an adverse impact on the employee’s employment. more or view all topics or full text.
2823107/27/04
1674E Fresno County Office of Education
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
The COE’s reassignment of Nolt and Allison constituted adverse action because, from a reasonable person’s standpoint, they were involuntarily transferred to positions with less favorable working conditions; ie, more lengthy commutes that negatively impact health, new jobs with difficult students, little or no security, loss of preparation period, lack of climate control, loss of quality time with his kids. more or view all topics or full text.
2821908/19/04
1645E Oakland Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Board must use objective reasonable person standard in evaluating whether there has been an adverse action. Where employee duties and compensation are the same in transfer situations facts must show reasonable employee would consider transfer adverse. (Compton Unified School District (2003) PERB Decision No. 1518.) more or view all topics or full text.
2818206/17/04
1518E Compton Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Loss of pay or benefits are not sole factors in determining whether employee has suffered an adverse action. Employee’s removal from school leadership team was an adverse action where service on the team was considered prestigious and reasonable people would consider the removal to have an adverse impact on the employee’s career. more or view all topics or full text.
275604/18/03
1298E Mountain Empire Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Where employer offers employee choice between two objectively adverse transfers, employer has taken adverse action against employee; p. 29, proposed dec. Transfer from high school to elementary school was objectively adverse because of longer commute; p. 29, proposed dec. Transfer from high school to continuation school assignment outside of teacher's credential was objectively adverse; Education Code section 44865 requires a teacher to consent to such a transfer because of the danger of critical evaluation for a teacher teaching outside his/her credential (California Teachers Ass'n v. Governing Board (1983) 141 Cal.App.3d 606); p. 29, proposed dec. more or view all topics or full text.
233001110/30/98
1263H Regents of the University of California (University Professional and Technical Employees)
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Involuntary transfer or reassignments of employee was adverse action, despite the fact that employee did not suffer loss of pay or benefits; p. 52. more or view all topics or full text.
222909004/28/98
1259E Fall River Joint Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
To determine if action is adverse for retaliation allegaion purposes, in case of transfer of teacher from high school to elementary school at same rate of pay and benefits Board applies objective test to determine whether reasonable person would consider the action to have an adverse impact on the employee's employment; p. 18, citing Palo Verde Unified School District (1988) PERB Decision No. 689. Board has found retaliatory, involuntary transfers to be unlawful even when they were not accompanied by any loss of pay or benefits; pp. 18-19. more or view all topics or full text.
222908204/08/98
0864E Newark Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Involuntary transfer from senior high school to junior high found to be adverse action where evidence showed that transfers to senior high school were regularly requested by junior high teachers as career moves, subject employee had previously attempted to transfer to senior high school, and no other teacher had volunteered for transfer from senior high school to junior high school; p. 12. Increased preparation time accompanying involuntary transfer from senior high school to junior high school not necessarily supportive of finding of adverse action; p. 13. Adverse action must be based on objective evidence; employee's temperament irrelevant in determination of whether employer conduct constituted adverse action; p. 14. But see concurring opinions. more or view all topics or full text.
152202301/14/91
0778E Carlsbad Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Promotion. Appointment of a secretary to a confidential position is not a promotion. Thus cases holding that denial of promotion is discriminatory are irrelevant. Transfer. Transfer of a secretary to a position in a high school to convert her former position to confidential status is not harm. Employee suffered no loss of pay, benefits or status. more or view all topics or full text.
142100411/21/89
0641H California State University, Long Beach
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Adverse actions (denial of merit salary adjustment, bad evaluation, refusal to alter work assignment, and imposition of involuntary disability leave) against an employee were taken because of dissatisfaction with her (employee's) work, displeasure with her resistance to accepting directions and criticism from supervisors, and the desire of the supervisors to conduct the program according to their own judgments. Adverse actions were not due to Charging Party invoking aid of union. more or view all topics or full text.
121900612/11/87
0640H Regents of the University of California
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Reorganization plan would have been developed and implemented even in absence of protected activity by lecturers; no proof chief negotiator ostracized or that her job title changed in retaliation. more or view all topics or full text.
121900712/10/87
0564E El Dorado Union High School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Cancellation of bus driver assignment violates act because motivated by drivers' complaints to union. more or view all topics or full text.
101707604/04/86
0505E Santa Paula School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
District found to have discriminated by transferring employee who participated in negotiations regarding reduction in work. more or view all topics or full text.
91612805/07/85
0500E Santa Clara Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Second reassignment, shortly after employee prevailed on grievance over earlier reassignment, was discriminatory. more or view all topics or full text.
91611604/11/85
0328S State of California (Department of Parks and Recreation) * * * OVERRULED IN PART by County of Santa Clara (2017) PERB Decision No. 2539-M
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Denial of promotional opportunity is adverse action. more or view all topics or full text.
71421107/29/83
0310H Regents of the University of California (California State Employees Association)
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
As employee had ample notice of the deficiencies, University had sufficient evidence of business justification supporting its demotion decision; pp. 34-35, proposed dec. more or view all topics or full text.
71415605/19/83
0288E San Leandro Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
As District's rationale in transferring charging party was more indicative of unlawful motivation than legitimate justification, Board held District discriminatorily transferred charging party because of his protected activity; p. 10. more or view all topics or full text.
71407902/24/83
0261E San Joaquin Delta Community College District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Employer's transfer of career campus police officer to grounds crew constituted adverse action, despite fact that individual suffered no loss in pay; p. 7. more or view all topics or full text.
71401111/30/82
0210E Novato Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
The District's prerogative to transfer teachers is not absolute and its decision to transfer cannot be protected where the motive for such a transfer is unlawful; p. 19. more or view all topics or full text.
61311404/30/82
0089E Carlsbad Unified School District
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
No violation found in transfer of one employee where only nexus was that employee was a union member and there was no evidence of unlawful intent; pp. 13-14. The evidence as a whole, including the employees' extensive protected activity, the timing of the adverse actions and the employer's failure to provide a legitimate business justification for its actions, establishes the transfers were unlawfully motivated; pp. 11-13 and pp. 17-20, proposed dec. more or view all topics or full text.
31003101/30/79
0065E Santa Clara County Superintendent of Schools
503.5000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Transfer of bus driver not unlawful where managerial employee responsible for transfer had no knowledge of protected activity and where decision due to insurer's refusal to insure charging party; p. 22, proposed dec. more or view all topics or full text.
2217108/16/78