All notes for Subtopic 503.06000 – Blacklisting; Hire; Refusal to Recommend

DecisionDescriptionPERC Vol.PERC IndexDate
2530E Monterey Peninsula Unified School District
503.6000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Blacklisting; Hire; Refusal to Recommend
EERA’s prohibition against interference, discrimination and reprisals logically encompasses a former employer’s efforts to prevent former employees from obtaining subsequent work because of their protected activity while employed by the former employer. A charging party may establish a prima facie violation on the basis of blacklisting by showing that a respondent interfered with the employment process by causing or attempting to cause a potential employer to refuse to hire the applicant because of the applicant’s union activities or other conduct protected by EERA. more or view all topics or full text.
42206/19/17
2530E Monterey Peninsula Unified School District
503.6000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Blacklisting; Hire; Refusal to Recommend
Allegation that respondent insisted on providing employment verification information directly to another employer is insufficient to state a prima facie case of blacklisting. more or view all topics or full text.
42206/19/17
1970H Trustees of the California State University
503.6000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Blacklisting; Hire; Refusal to Recommend
Denial of opportunity to interview for permanent position when employee had held same position for three years as a temporary appointee constituted adverse action. more or view all topics or full text.
3211807/18/08
1484S State of California
503.6000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Blacklisting; Hire; Refusal to Recommend
Charging party failed to establish he was a bona fide applicant for a vacant civil service position within the meaning of Section 3519(a). Charging party failed to state a prima facie case because there is no evidence he suffered an adverse action, an essential element of a prima facie case of discrimination in hiring. Charging party offered no evidence he submitted an application for employment, interviewed, competed in any way for a civil service position, or was on an eligibility list. Additionally, no evidence was presented to show that any of the state agencies were in a hiring mode or had jobs available or that other applicants were hired in place of charging party. more or view all topics or full text.
263307706/06/02
1485M City of Huntington Park
503.6000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Blacklisting; Hire; Refusal to Recommend
Charge alleging city refused to consider employment application on its merits dismissed where charge did not indicate how agents of the city were responsible for adverse action nor did the charge address the manner in which charging party suffered harm by the alleged adverse action. more or view all topics or full text.
263308106/17/02
1497S State of California (Department of Motor Vehicles, Unemployment Insurance Appeals Board, State Personnel Board and Department of Justice)
503.6000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Blacklisting; Hire; Refusal to Recommend
Charging party failed to show he was eligible for state employment by complying with application process for any state job. Charging party’s claim that he was eligible for reinstatement rejected where he failed to show he was ever an employee of the State. more or view all topics or full text.
263311508/27/02
0368E San Diego Community College District
503.6000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Blacklisting; Hire; Refusal to Recommend
District's refusal to ratify employment contracts is adverse action. more or view all topics or full text.
81500912/22/83
0261E San Joaquin Delta Community College District
503.6000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Blacklisting; Hire; Refusal to Recommend
In evaluating reasonableness of discipline of union activist, it is important to note employee's unblemished record during employment; p. 7. more or view all topics or full text.
71401111/30/82