All notes for Subtopic 503.15000 – Other

DecisionDescriptionPERC Vol.PERC IndexDate
2687H Trustees of the California State University (Northridge)
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
The initiation of an investigation into allegations which could lead to disciplinary action by the employer may be considered to be an adverse action against the investigated employee, regardless of whether disciplinary action actually results. [Citations.] This is true for investigations initiated at the behest of management [citation], and those that were undertaken as a result of complaints against the employee made by another employee or third parties, including by representatives of the union. [Citations.] (Adopting proposed decision at p. 31.) more or view all topics or full text.
12/13/19
2654E * * * JUDICIAL APPEAL PENDING * * * Claremont Unified School District
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Placing documents that could support future discipline in an employee’s personnel file is an adverse action. The document need not be disciplinary itself or include a threat of discipline; it is enough that the document conclusively accuses the employee of misconduct or substandard performance. (pp. 14-15.) The District’s Cease and Desist Letter definitively accused the employee—already facing potential dismissal for inappropriate conduct—of “once again” insubordinately engaging in inappropriate communications contrary to prior directives. Because the letter warned the employee that further such communications may be used to amend pending disciplinary charges and advised that it would be placed in his personnel file, a reasonable person in the employee’s place would consider the letter adverse to his or her employment. (pp. 15-16.) more or view all topics or full text.
07/10/19
2586E Chula Vista Elementary School District (Yvellez)
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Where the employer’s investigation notice stated the employee inappropriately used the employer’s email system to share derogatory information, a reasonable person may conclude from such notice that misconduct had already been found and discipline was forthcoming. In this case, such notice of an impending investigation is sufficiently unequivocal about future discipline to constitute an adverse action. more or view all topics or full text.
436009/28/18
2586E Chula Vista Elementary School District (Yvellez)
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
An investigation into alleged employee misconduct may constitute an adverse action against the investigated employee, regardless of whether disciplinary action ultimately results. Thus, an investigatory interview, occurring after the employer unequivocally accused the employee of misconduct and after the employer notified the employee it was considering imposing discipline, was an adverse action. more or view all topics or full text.
436009/28/18
2629M County of Santa Clara (Reese)
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
County’s removal or weakening of certain medical division chief duties was an adverse action imposed because of doctor’s protected activity. (p. 13) more or view all topics or full text.
4314502/27/19
2494M City of Davis
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Issuance of a performance improvement plan that threatened future discipline if employee failed to meet performance standards is an adverse action. Performance improvement plan is an adverse action where there is no provision for removal of a PIP from an employee’s official personnel file. more or view all topics or full text.
413306/30/16
2391H Trustees of the California State University (East Bay)
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
A denial of tenure and promotion constitute an adverse action. As a Penal Code section 626.4 order essentially places an employee on involuntary administrative leave, it constitutes an adverse action more or view all topics or full text.
393909/02/14
2381E Monterey Peninsula Unified School District
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
An employer giving an employee notice of the intent to terminate or discipline (viz., a threat of termination or discipline) for an unlawful reason would also violate employees’ statutory protections and thus by itself constitute an unfair practice. District’s directive that charging party not contact employees who wished not to have such contact is not an adverse action, since no employee was obliged to assist charging party with his defense, and charging party could compel testimony even from recalcitrant employee witnesses by subpoena. Although a directive that an employee not contact other employees may conceivably interfere with employee rights explicitly protected by EERA to “form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation” (EERA, § 3543(a)) or rights arguably protected under EERA for mutual aid and protection, charging party has failed to allege a prima facie case for interference under EERA. To establish a prima facie case of interference, a charging party must allege that the employer’s conduct does or tends to result in some harm to employee EERA rights. Requiring employees to meet the requirements of their profession is not an adverse action. more or view all topics or full text.
391206/27/14
2231M Stanislaus Consolidated Fire Protection District
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Where charge alleged that the respondent removed a negotiated provision of the expired memorandum and eliminated the Union Time Bank, the charge alleged sufficient facts to satisfy the adverse action element of the prima facie case of discrimination/retaliation under the reasonable person standard. more or view all topics or full text.
3611101/20/12
2221E Chula Vista Elementary School District * * * OVERRULED IN PART by Bellflower Unified School District (2017) PERB Order No. Ad-447
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Denial of reapplication to be a support provider in the Beginning Teacher Support and Assessment (BTSA) Induction Program, with its attendant loss of pay, constitutes an adverse action. more or view all topics or full text.
368811/23/11
2206M City and County of San Francisco
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Charging party must show as part of the prima facie case that a reasonable person under the same circumstances would view the action taken as adverse to charging party’s employment; where alleged adverse action consisted of a supervisor’s use of a cell phone camera in the workplace, charging party failed to establish the adverse action element of the prima facie case. more or view all topics or full text.
365910/05/11
2209M Golden Gate Bridge Highway and Transportation District
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Charging party must show as part of the prima facie case that a reasonable person under the same circumstances would view the action taken as adverse to charging party’s employment; charging party’s burden was not met where charge failed to allege sufficient facts to establish that a heated, non-disciplinary meeting was adverse to charging party’s employment; charging party’s burden was not met where charge failed to allege sufficient facts to establish that a denial of a grievance or a denial of a workday exchange was adverse to charging party’s employment. more or view all topics or full text.
366310/12/11
2219E Los Angeles Community College District
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
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
2129E Sacramento City Unified School District
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Removal of substitute teacher’s name from the school district’s active substitute list was an adverse action because it effectively terminated the teacher’s employment with the district. more or view all topics or full text.
3413409/03/10
2070H Trustees of the California State University (San Marcos)
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Search of employee’s personal vehicle by employer’s security officer was an adverse action because it could lead to discipline, criminal charges, or both. more or view all topics or full text.
3317310/15/09
2071M County of San Bernardino (County Library)
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Employer’s failure to provide employee with written rejection or examination results was not an adverse action because the charge failed to establish that the employee could not appeal the rejection without the documents. more or view all topics or full text.
3317610/20/09
2057E San Francisco Unified School District
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Charging party failed to establish that vague statements in emails referring to a union member as a “bully” had an adverse impact on employee’s employment. In the absence of facts showing impact on employment, bare allegation that the employer made disparaging remarks about an employee does not meet the standard under Novato and Palo Verde. more or view all topics or full text.
3314508/28/09
2005M County of San Diego
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Employer sent a letter to the union president canceling future labor/management meetings because of the conduct of employee/union steward at a prior meeting. The letter was not an adverse action against the employee because any future adverse impact on his employment conditions was speculative. more or view all topics or full text.
334702/27/09
1980E San Mateo County Community College District
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Sending employee to a fitness for duty evaluation was an adverse action. more or view all topics or full text.
3215310/17/08
1971M City of Torrance
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Employer’s order that union president take only three days of release time per week was not adverse action because employer was merely enforcing the MOU. Employer’s demand for reimbursement of release time in excess of three days per week, threat to discipline union president for unauthorized use of release time and investigation into union president’s use of release time were adverse actions. more or view all topics or full text.
3212608/21/08
1945E Journey Charter School * * * VACATED by Journey Charter School (2009) PERB Decision No. 1945a
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
The decision not to renew three teachers’ contracts followed closely after the teachers’ second meeting with an association representative in which they voted to become part of the District’s faculty bargaining unit. However, timing alone, without more, does not demonstrate the necessary nexus between the protected act and the adverse action. more or view all topics or full text.
324502/28/08
1791E Los Angeles Unified School District
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
The request to bring the log book to a meeting and the requirement to stay in the electrical shop are not adverse actions from the perspective of a reasonable person under the same circumstances and so Kahn did not state a prima facie case for discrimination. Kahn’s situation is distinguishable from Compton Unified School District (2003) PERB Decision No. 1518 (Compton) since unlike this case, the employee in Compton was removed from a prestigious position, and his pay and position were impacted by the employer’s conduct. This confirms that the District’s conduct was not an adverse action. more or view all topics or full text.
303212/29/05
1714E Simi Valley Unified School District
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
The District imposed adverse action on the teacher through the principal’s silent, frequent and unannounced visits to the teacher’s classroom, which culminated in a memo imposing 26 hours of observations in a 2 month period. The teacher’s experience with these visits was significantly different in number, frequency and tenor than those of other teachers at the school. more or view all topics or full text.
291911/29/04
1680S State of California (State Personnel Board)
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
PERB has recognized that it is an unfair practice for an employer to prosecute a baseless lawsuit with the intent of retaliating against employees for their exercise of protected rights. In these cases, the lawsuit must be both objectively baseless and subjectively motivated by an unlawful purpose. more or view all topics or full text.
2822408/20/04
1579S State of California (Department of Corrections) * * * VACATED by State of California (Department of Corrections (2006) PERB Decision No. 1826-S
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Vacated by PERB Decision No. 1826-S. Charging party, a peace officer, alleged that employer-initiated criminal and administrative investigations constitute adverse actions. To determine whether adverse action is established, the Board uses an objective test and does not rely upon the subjective reactions of employees. Here, employer accused charging party of fraud. As a peace officer, charging party is held to a higher standard of conduct. Honesty and credibility are crucial to the proper performance of a peace officer’s duties and dishonesty is generally never tolerated. A trier of fact could easily conclude that charging party’s career was damaged by the mere initiation of a criminal investigation for fraud. more or view all topics or full text.
284712/31/03
1539M City of Folsom
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Siroky did not allege that a proposed settlement agreement which precluded the City from recovering an attorneys’ fee award against him, was executed by the parties. Therefore, City’s attempt to recover the fee award is not an adverse action. more or view all topics or full text.
279906/26/03
1459S State of California
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Defending a lawsuit, pointing out defects in the suit and that losing party may be subject to attorney’s fees is not an adverse action; p. 6. more or view all topics or full text.
253210808/29/01
1313S State of California (Department of Personnel Administration)
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Employer's strict application of contract provision cannot be considered discrimination. more or view all topics or full text.
233005501/29/99
0833E Los Rios Community College District
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
A district's refusal to carry an employee's unstamped mail in contravention of the U.S. Postal Regulations is "not" adverse action under EERA; p. 4. more or view all topics or full text.
142116008/10/90

503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Although neither PERB nor court can review the sufficiency of cause for denying tenure, the district's power to deny tenure for any lawful reason does not insulate the district from PERB's scrutiny when an unfair labor practice complaint alleges tenure was denied in retaliation for protected activity. [228 Cal.App.3d at 169] more or view all topics or full text.
1274E Los Rios Community College District (Deglow)
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
No adverse action where employer agreed with union to modify contract but both before and after modification employees could present grievances to the District either alone or with the assistance of a union representative. Requesting that charging party be forced to pay sanctions is not an adverse act; pp. 1-2, dismissal letter. more or view all topics or full text.
222912407/20/98
1126S California State Employees Association (Hackett, et al.)
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
When a party shows a clear intent to take a disputed action against another, the harm occurs at that time and not when the wrongful act is completed; p. 8. The filing of written charges and a lawsuit against charging parties is cognizable harm. A person suspended from union membership cannot "participate" in the activities of the union and discriminatory interference with such participation constitutes harm; p. 8, p. 28, proposed dec. more or view all topics or full text.
202701412/06/95
1048E Los Rios Community College District (Deglow)
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
The employer's disparaging remarks about the charging party in the presence of another employee is not an adverse action; p. 3, warning letter. more or view all topics or full text.
182509806/01/94
1031S State of California (Department of Parks and Recreation) (Kalko)
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
No adverse action because charge did not allege facts establishing how (using an objective test) the employer's disclosing information from a grievance to the grievant's co-workers caused harm or had "impact on the employee's employment;" pp. 3-4, warning letter. more or view all topics or full text.
182502801/04/94
1032S California Union of Safety Employees (Coelho)
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
The union's filing of a citizen's complaint against a unit member prompting an investigation by the employer could cause a reasonable person to be concerned about the potential adverse effect of the complaint and ensuing investigation on his employment. The fact that the complaint and investigation did not result in action being taken against the unit member by his employer does not eliminate the adverse nature of the union's conduct; p. 12. more or view all topics or full text.
182502901/06/94
0954S State of California (Franchise Tax Board)
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Source of information that employer has discriminated against or interfered with a employee's exercise of protected activity deemed irrelevant to the determination of harm. more or view all topics or full text.
162316410/21/92
0808E Woodland Joint Unified School District
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Discriminatory enforcement of a work rule for the purpose of harassing or intimidating an employee in retaliation for having engaged in protected activity constitutes adverse action. more or view all topics or full text.
142110105/16/90
0805H Trustees of the California State University (Statewide University Police Association)
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Board found that employer unlawfully disciplined employee when it issued (1) a letter of reprimand; (2) a five-day suspension; and (3) a three-month suspension; p. 2. more or view all topics or full text.
142109004/17/90
0748E Los Angeles Community College District
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Release of a confidential document not discriminatory where there is no showing of adverse action; p. 20, proposed dec. more or view all topics or full text.
132014506/28/89
0628E Woodland Joint Unified School District
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Restriction on access to transportation office. more or view all topics or full text.
111812106/30/87
1735S State of California (Department of Transportation)
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Under a theory of retaliation, the Expectations Memorandum did not comprise adverse action since it was merely a clarification of her job duties and not disciplinary in nature. more or view all topics or full text.
295501/19/05
0278E San Francisco Community College District
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Unless it can be shown that an alleged failure to comply with a prior Board order was undertaken for discriminatory reasons or is part of a discrete course of violative conduct, failure to comply does not constitute a per se separate, new violation of statute. more or view all topics or full text.
71403512/31/82
0231H California State University, Hayward
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Imposition of a time-clock procedure as a substitute for a sign-in procedure may constitute an adverse action. more or view all topics or full text.
61318508/10/82
0994E Lake Tahoe Unified School District
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Failure to thank employee for moving equipment at same time it thanked other teachers who did so is not adverse action. more or view all topics or full text.
172408904/30/93
0120E Los Gatos Joint Union High School District
503.15000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Other
Discharge and refusal to reemploy substitute custodian for membership and activities on behalf of union held a violation of EERA; pp. 8-14, proposed dec. more or view all topics or full text.
03/21/80