All notes for Subtopic 504.02000 – Disparate Treatment

DecisionDescriptionPERC Vol.PERC IndexDate
2692M * * * JUDICIAL APPEAL PENDING * * * City of South Pasadena
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Employer did not rebut the employee’s examples of disparate treatment and instead relied on comparators that were vague and/or dissimilar. (pp. 13-14.) more or view all topics or full text.
01/30/20
2692M * * * JUDICIAL APPEAL PENDING * * * City of South Pasadena
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
The weight of the evidence suggested that employee’s termination was inconsistent with the employer’s historical use of a progressive discipline policy on both informal and formal levels. (p. 13.) more or view all topics or full text.
01/30/20
2624S State of California (Department of Social Services (Service Employees International Union Local 1000)
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
No disparate treatment found where employee’s demotion was commensurate with penalties imposed on other employees who had demonstrated similar performance issues. more or view all topics or full text.
4312802/05/19
2458E Jurupa Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
The District’s abrupt order to charging party in the middle of her instructional period to attend an investigatory meeting regarding students’ complaints, and an exaggerated response to a routine request over a simple issue, support a finding of nexus. more or view all topics or full text.
407510/23/15
2494M City of Davis
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Discrimination not proved where City denied union president’s same-day vacation request when no employee was similarly situated to the union president. more or view all topics or full text.
413306/30/16
2453E Cabrillo Community College District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Along with suspicious timing, facts establishing one or more of the following factors must also be present for a prima facie case: (1) the employer’s disparate treatment of the employee (2) the employer’s departure from established procedures and standards when dealing with the employee; (3) the employer’s inconsistent or contradictory justifications for its actions; (4) the employer’s cursory investigation of the employee’s misconduct; (5) the employer’s failure to offer the employee justification at the time it took action or the offering of exaggerated, vague, or ambiguous reasons; (6) employer animosity towards union activists or employees engaged in protected conduct; or (7) any other facts that might demonstrate the employer’s unlawful motive. more or view all topics or full text.
405709/17/15
2420E Jurupa Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Employer action is not evidence of discriminatory motivation when there is no evidence that, subsequent to charging party engaging in protected activities, the employer’s actions and handling of discipline differed from that prior to his protected activity, or when there is no evidence that the employer’s handling of charging party’s discipline differed from that of any other similarly-situated employee. Consistent violations of the Education Code before and after charging party’s protected activity that allegedly demonstrated a lack of just cause or procedural violations would not, by themselves, indicate improper motivation because of protected activity. more or view all topics or full text.
3914104/23/15
2381E Monterey Peninsula Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
While disparate enforcement of any work rule by an employer would be circumstantial evidence of improper motive, charging party provided no evidence, other than mere speculation, that other District teachers were not required to produce lesson plans. more or view all topics or full text.
391206/27/14
2390E Los Angeles Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
The relevant inquiry in a nexus analysis is whether the District deviated from an established policy or treated the charging party differently from other similarly situated employees. more or view all topics or full text.
393408/26/14
2376E Rocklin Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Disparate treatment found in fact that the school district notified the school board that the school nurses would not be available for work due to their attendance at layoff hearings, but did not take similar action with respect to the teachers or counselors who attended the hearings; further, commenting that the nurses’ concern for the students’ well-being was “regrettable,” while refraining from commenting negatively about the teachers and counselors, was further evidence that the nurses were being singled out. more or view all topics or full text.
39306/12/14
2221E Chula Vista Elementary School District * * * OVERRULED IN PART by Bellflower Unified School District (2017) PERB Order No. Ad-447
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Where there were 14 re-applicants for support provider positions in the Beginning Teacher Support and Assessment (BTSA) Induction Program who were found not to satisfy the one-hour per week meeting requirement and 12 out of the 14 were selected for reinstatement but charging party was not, the disparate treatment amongst similarly situated re-applicants constituted circumstantial evidence of unlawful motive. more or view all topics or full text.
368811/23/11
2267M County of Santa Clara * * * OVERRULED IN PART by Los Angeles Unified School District (2016) PERB Decision No. 2479
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Failure to disclose basis for employer’s doubts about veracity of employee’s statements does not demonstrate disparate treatment, departure from standard procedures, or failure to justify. more or view all topics or full text.
05/25/12
2241E Lake Elsinore Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Claim that other probationary teachers with performance deficiencies were also non-reelected does not establish that non-reelection of teacher without performance deficiencies was subjected to disparate treatment. more or view all topics or full text.
3612902/27/12
2129E Sacramento City Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Disparate treatment of substitute teacher not established when charge contained no factual allegations regarding the school district’s treatment of any other substitute teacher who had been late to an assignment. more or view all topics or full text.
3413409/03/10
2096E California Teachers Association, Solano Community College Chapter, CTA/NEA (Tsai)
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
No disparate treatment where union denied arbitration of one grievance while granting arbitration of a similar, but not identical grievance. more or view all topics or full text.
344202/04/10
2086E Garden Grove Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Charging party failed to establish she was treated differently from other teachers by issuing her several evaluations and “letters of concern,” where the charge does not provide any information concerning existing policies for evaluating or observing teachers or the frequency or manner of observations and evaluations of other teachers. more or view all topics or full text.
342512/28/09
2020M County of Yolo
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Involuntary reassignment from a position in which employee was receiving salary differential to which she was not entitled to a position where she would retain salary differential but would lose alternate work schedule did not constitute disparate treatment, where the purpose of the transfer was to ensure employee was compensated in a manner consistent with the parties’ MOU and, therefore, treated the same as other similarly situated employees. more or view all topics or full text.
337504/30/09
1996M Omnitrans
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Employer retaliated against employee by disciplining him on the same day he participated in union negotiations. By attempting to enforce a superseded and more onerous 48-hour notice requirement for union leave, rather than 24 hours as provided in the current contract and practices, the employer treated the employee in a disparate manner from all other similarly situated employees, and deviated from past practices. Together, this conduct established unlawful motivation. more or view all topics or full text.
332612/19/08
2038H Trustees of the California State University * * * OVERRULED IN PART by Santa Clara Valley Water District (2013) PERB Decision No. 2349- M
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Allegation that employee was treated differently than other similarly situated employees failed to establish nexus when alleged disparate treatment was unrelated to the adverse action. more or view all topics or full text.
3310606/11/09
1920M Jurupa Community Services District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
The District did not sustain its burden of showing that it would have discharged an employee in the absence of his filing a grievance, when it disciplined, but did not discharge another employee who participated in a physical altercation. more or view all topics or full text.
3113608/10/07
1880E Oakland Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Requiring a teacher to attend an off-campus meeting in the middle of summer as a condition of continued employment was disparate treatment, when no other teachers were required to attend such meetings. more or view all topics or full text.
314501/11/07
1852E Contra Costa Community College District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
The fact that the evidence of unlawful animus is weak or non-existent on the part of the decision-maker does not necessarily provide a defense to a claim of discrimination where the decision-maker is a higher entity that simply ratifies an already tainted decision or fails to make a decision based on an independent and impartial investigation of its own. more or view all topics or full text.
3015408/21/06
1746E Los Angeles Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
No evidence of nexus was provided to show that the audit or notice of recommended discipline were a result of Fykes filing unfair practice charges. The Board distinguished this case from Woodland Joint Unified School District (1987) PERB Decision No. 628. more or view all topics or full text.
297002/01/05
1732H Trustees of the California State University
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Board found no retaliation where charging party voluntarily resigned and decision not to rehire was not based on prior protected activity. more or view all topics or full text.
294812/27/04
1718E Madera Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Charging party did not establish that she was treated in a disparate manner when she failed to set forth anything showing she had been treated differently than other teachers similarly situated (those with conflicts and/or interpersonal problems with other teachers even if without fault). more or view all topics or full text.
292411/30/04
1714E Simi Valley Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
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
1674E Fresno County Office of Education
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
There was sufficient evidence of nexus through the timing of the transfers, the varying justifications given for the transfers, the suspect investigation and results of the “employee lounge incidents” reported by Nolt and Allison as witnesses, and management’s statements at staff assemblies denouncing union leadership. more or view all topics or full text.
2821908/19/04
1667E Los Angeles Community College District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Board dismissed charge where employee failed to demonstrate any disparate treatment and no other indicia of unlawful animus was present. more or view all topics or full text.
2821207/27/04
1679E Oxnard Elementary School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Board dismissed charge where employee failed to demonstrate any disparate treatment and no other indicia of unlawful animus was present. more or view all topics or full text.
2822308/20/04
1641M City of Milpitas
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Charging party’s history of filing complaints some of which were denied does not warrant an inference of discrimination where there was no evidence of ongoing conspiracy and employer had credible explanation for alleged disparate treatment. more or view all topics or full text.
2817506/14/04
1529E Oakland Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
An employer’s disparate treatment of an employee is shown where in an argument between two District employees, only one is subsequently placed on administrative leave. more or view all topics or full text.
279106/20/03
1469E Los Angeles Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Report of employee's activities at staff meeting at request of supervisor consisted of trivial complaints which would not be noticed or reported unless requested by supervisor and amounted to spying which was not an established personnel practice. District's failure to nominate teacher for mentor teacher status in the face of uncontested evidence to contrary shows employee treated in a disparate manner. District's failure to give teacher an opportunity to improve program shows teacher treated in a disparate manner. more or view all topics or full text.
263302311/29/01
1412E Alisal Union Elementary School District * * * OVERRULED IN PART by County of Santa Clara (2017) PERB Decision No. 2539-M
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Employee required to develop a policy on destruction of classroom possessions was disparetly treated by employer. more or view all topics or full text.
253200710/10/00
1403S State of California (Department of Youth Authority)
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
No showing of disparate treatment of the employee, because choice of the investigatory level was made by the IAU. Given employee's litigious background, prior adverse actions, and multiple complaints to various high level CYA administrators, it is reasonable that the IAU would want to assure itself that the investigation was conducted by trained professionals, rather than the local part-time investigators. Weak showing of inadequate investigation prior to initiating the IAU investigation, supports, to some extent, an inference of unlawful motivation. No credible evidence with regard to any (1) inconsistent explanations of the employer's action or (2) departure(s) from established procedures or standards. After balancing the competing interests of the employer and the rights of the employee, the Board found little, if any, evidence that such conflicts between employee and her supervisors were the result of her protected activities. more or view all topics or full text.
243114609/12/00
1538E Berkeley Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Disparate treatment, or the lack thereof, is helpful as circumstantial evidence of intent. However, where direct evidence of intent exists, circumstantial evidence of intent, or the lack thereof, is not necessary to establish a prima facie case. more or view all topics or full text.
279506/24/03
1489E Golden Plains Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Disparate treatment found where a probationary teacher who received parent complaints and complained about District’s handling of the complaints to the union was not reelected and another probationary teacher, who also received parent complaints but did not complain to the union was reelected. more or view all topics or full text.
263309807/08/02
1357S State of California (Department of Health Services)
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
No disparate treatment where employee was dismissed for many different reasons, only one of which had been done by other employees who were not dismissed; p. 3, dismissal letter. more or view all topics or full text.
243100110/18/99
1334E Madera County Office of Education
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Where no evidence was proffered regarding the treatment of any other similarly situated employee, it is not possible to determine if disparate treatment of the employee existed which could indicate a nexus between an adverse employer action and the employee's protected activity for purposes of proving a violation of EERA section 3543.5(a); p. 22, proposed dec. more or view all topics or full text.
233012606/25/99
1335E Fresno Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
No disparate treatment where other substitutes who were not fired did not receive as many negative evaluations nor had they received a warning letter. more or view all topics or full text.
233012706/25/99
1285H Regents of the University of California (Scudder)
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Nexus was not demonstrated by fact that University resolved fellow employee's grievances while denying his grievance based on failure to follow filing requirements. more or view all topics or full text.
222915809/18/98
1263H Regents of the University of California (University Professional and Technical Employees)
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Evidence that disciplinary letter and employee's suspension and medical separation were retaliatory included timing, disparate treatment, departure from standard procedures; and exaggerated justification; pp. 55-67. more or view all topics or full text.
222909004/28/98
1178E Santa Clarita Community College District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Nexus not demonstrated where allegation of disparate treatment not supported by specific evidence. more or view all topics or full text.
212801812/04/96
0962S State of California, Department of Youth Authority
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Charging party failed to provide examples showing that other employees, in similar circumstances, did not have their overtime hours reduced; p. 14. more or view all topics or full text.
172401912/04/92
0957E Los Angeles Unified School District (Kaady)
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Frequency or types of disciplinary actions taken against charging party did not show disparate treatment; p. 24, proposed dec. more or view all topics or full text.
172400011/18/92
0885E San Diego Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Although the employer's personnel practices may not have been exemplary, thereby raising the issue of disparate treatment, the evidence is insufficient to raise an inference that it was the employee's union activities that motivated the employer to take the action it took. more or view all topics or full text.
152210306/14/91
0864E Newark Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Where involuntary transfers were rare in a district, district's conduct of involuntarily transferring employee supports inference of unlawful motive; p. 15. more or view all topics or full text.
152202301/14/91
0822E Culver City Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
No finding of nexus and disparate treatment shown where principal requested doctor's excuse after employee missed faculty meeting. more or view all topics or full text.
142113406/27/90
0805H Trustees of the California State University (Statewide University Police Association)
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Employer singled out employee in its investigation of sexual harassment charge; p. 24. Employee's performance under close scrutiny due to employee's position as chairman of Association and involvement with Association; p. 24. more or view all topics or full text.
142109004/17/90
0639E Riverside Unified School District (Petrich)
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
No evidence of disparate treatment in either placing employee on paid leave or terminating him; p. 20, proposed dec. more or view all topics or full text.
121900311/23/87
0628E Woodland Joint Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Union president given only restricted access to transportation office. more or view all topics or full text.
111812106/30/87
0630E Kern County Office of Education
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
No evidence of disparate treatment where employee treated same as others similarly situated. more or view all topics or full text.
111813307/14/87
0622E Riverside Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
No disparate treatment where no one similarly situated. more or view all topics or full text.
111810706/11/87
0575S State of California (Health Services)
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
No disparate treatment where charging party fails to show similar conduct by other employees. more or view all topics or full text.
101711906/20/86
1946E San Mateo County Office of Education
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
The Board rejected an argument for disparate treatment when the charging party failed to present evidence about similarly situated employees. Charging party and another employee were not similarly situated employees as the other employee’s situation involved a grievance about rude behavior via a process that had not concluded, and the charging party’s situation involved discipline for behavior which was determined to have occurred. more or view all topics or full text.
324802/29/08
0500E Santa Clara Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Disparate treatment where other comparably-qualified teachers offered assignments at high school, while charging party reassigned to jr. high. more or view all topics or full text.
91611604/11/85
0459S State of California (Department of Transportation)
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
The absence of retaliatory action against other union adherents does not disapprove a prima facie showing of retaliation against complainant. A discriminatory motive, otherwise established, is not disapproved by an employer's proof that it did not weed out all union adherents. more or view all topics or full text.
91602712/12/84
0378S State of California (Department of Developmental Services, Napa State Hospital) (Matta)
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
No disparate treatment found where other employee received similar discipline and offense is a dischargeable one; pp. 28-32. more or view all topics or full text.
81503902/15/84
0377E Placer Hills Union High School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
No disparate treatment in refusing employee permission to return to work where other employees who had been allowed to work had not been restricted by doctors and where their work was not incompatible with their job duties; pp. 26-30. more or view all topics or full text.
81503702/14/84
0368E San Diego Community College District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
An inference of unlawful motivation is raised by evidence of board knowledge of protected activity, threatening statements of District administrator following speech, proximity in time, belated justification and disparate treatment. more or view all topics or full text.
81500912/22/83
0328S State of California (Department of Parks and Recreation) * * * OVERRULED IN PART by County of Santa Clara (2017) PERB Decision No. 2539-M
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Written reprimand evidences disparate treatment. Demand to remove button evidences disparate treatment. Ill defined and inconsistently applied coffee rule discloses disparate treatment. more or view all topics or full text.
71421107/29/83
0264E North Sacramento School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Disparate treatment indicative of employer's unlawful motivation found where employer reprimanded employee for conduct for which employees had not previously been disciplined; p. 9. more or view all topics or full text.
71401712/20/82
0261E San Joaquin Delta Community College District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Employer's disciplining of union activist in a more severe manner than others accused of same or similar misconduct constituted evidence of employer's unlawful motivation; pp. 8-9. more or view all topics or full text.
71401111/30/82
0226E Rio Hondo Community College District (Davis)
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Denial of unpaid leave of absence constitutes disparate treatment where employer never before denied a request for an unpaid leave of absence; p. 5. more or view all topics or full text.
61316707/19/82
0210E Novato Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Proximity of time between employer's action to transfer employee and employee's vocal participation in grievance representation, along with the maintenance of a secret file on employee's union activities and the disparity in employee's evaluations, sufficient to prove unlawful motive; pp. 20-21. more or view all topics or full text.
61311404/30/82
0157E Belridge School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Evidence of unlawful motivation found in employer's reprimand of union activist for being late when she was only member of late-arriving car pool to be disciplined. Although disciplined union activist was driver, employer made no effort to determine whether the driver was at fault for the late arrival. more or view all topics or full text.
51201512/31/80
0145E Marin Community College District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Evidence of unlawful motivation found where highly visible union activist discipline for engaging in same conduct as less visible unionist who was not disciplined. more or view all topics or full text.
41119811/19/80
0104E Santa Clara Unified School District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
No discrimination found where District observed one teacher more than others; pp. 20-21. more or view all topics or full text.
31012409/26/79
0103E Santa Monica Community College District
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
Employer discriminated against nonexclusive rep. by denying raise unless that rep. waive right to bargain salaries while granting raise to other nonexclusive rep which did waive right; pp. 16-19. more or view all topics or full text.
31012309/21/79
0949H Regents of the University of California (Einheber)
504.2000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Disparate Treatment
No evidence that charging party's dismissal constituted disparate treatment compared to that received by other employees for similar cases involving potential criminal activity or actions which put the department's reputation in jeopardy; p. 8, proposed dec. No evidence that charging party, or other employees engaged in similar protected activity, were retaliated against for their participation; p. 9, proposed dec. more or view all topics or full text.
162313308/13/92