All notes for Subtopic 504.03000 – Departure from Past Practices or Procedures

DecisionDescriptionPERC Vol.PERC IndexDate
2622E Cabrillo Community College District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
When an employer initiates an investigation into an employee’s conduct prior to any knowledge of the employee’s protected activity and follows its customary practices in the investigation, it is difficult to demonstrate pretext, absent other factors raising an inference of unlawful motivation. However, retaliation may be shown if the employer alters its investigation practices or related employment decision in response to any intervening protected activity. (p. 7.) Here the District began its investigation before it learned of the employee’s protected activity and the evidence shows the protected activity did not influence the conduct or result of its investigation. (pp. 8-9.) more or view all topics or full text.
4312602/04/19
2603M City of Yuba City
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Inconsistency of employer’s action with its previously stated goals is not evidence of unlawful motive when the inconsistency was introduced before the protected activity. more or view all topics or full text.
439012/12/18
2584E California Virtual Academies
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Unexplained involvement of charter school network’s head of schools in the decision-making process suggested unlawful motive. more or view all topics or full text.
435409/21/18
2458E Jurupa Unified School District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
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
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Discrimination not proved where City denied union president’s same-day vacation request when no employee was similarly situated to the union president. The City departed from past practice or procedure when it issued a performance improvement plan that threatened employee with discipline if he did not meet the required standards listed therein, when the City did not normally include such disciplinary language in its PIPs. more or view all topics or full text.
413306/30/16
2452E Hartnell Community College District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Charging party did not allege sufficient facts to demonstrate that he was entitled to probationary status, and corresponding pre-termination procedural rights, under the Education Code, or that employer departed from established procedure, where charging party alleged only that he was “offered” additional work, but did not specify the relevant time period of this offer, how much additional work was offered, or whether he accepted the offer, so that it was unclear whether he had worked sufficient time in consecutive semesters to qualify for due process protections under Education Code at the time of his termination. more or view all topics or full text.
405609/04/15
2453E Cabrillo Community College District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
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
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
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. Employer’s premature attachment of student complaints to summary of allegations against charging party, when it is the employer’s policy and practice not to provide written complaints to employees until the employee is going to a dismissal hearing, did not demonstrate that the employer predetermined the outcome of its investigation of charging party, and do not constitute circumstantial evidence of causal nexus between charging party’s protected activity and the employer’s termination of his employment. The employer benefitted charging party by giving him the statements along with the summary of allegations. An employer’s conduct that departs from past investigatory practice, but which inures to an employee’s benefit, is not evidence of unlawful motivation. Additionally, there is no basis to conclude that charging party was prevented from responding to this summary of allegations. District’s failure to provide a full evidentiary hearing prior to the District’s decision to initiate dismissal proceedings against a permanent certificated employee, failure to provide prior notice that the board was going to vote over whether to issue a notice of intent to terminate charging party’s employment, and District’s refusal to permit employee to address a school district governing board prior to its vote over the intent to impose discipline, were not evidence of unlawful motivation. When District’s maintenance of employee site files and investigation files, separate from the official personnel file, is the District’s regular practice, and when charging party was afforded the opportunity to review these files, there is no indication of departure from past practice. more or view all topics or full text.
3914104/23/15
2390E Los Angeles Unified School District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
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
2221E Chula Vista Elementary School District * * * OVERRULED IN PART by Bellflower Unified School District (2017) PERB Order No. Ad-447
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Although retired teacher status was an explicit qualification for the support provider positions in the Beginning Teacher Support and Assessment (BTSA) Induction Program pursuant to the BTSA guidelines, the school district removed this qualification in its vacancy notice, opening the hiring process to school district employees only, thereby disqualifying charging party from the selection process; this departure from past practice 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
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
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
2235E Santa Ana Unified School District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Statement in notice of unsatisfactory teacher performance that “Should additional unsatisfactory performance report(s) be submitted…you may be released from employment as a Substitute Teacher” did not mean that employee would be discharged only if he received another unsatisfactory report, where nothing in report indicated that employee could not be terminated for conduct other than the receipt of a second unsatisfactory report. more or view all topics or full text.
3611902/07/12
2241E Lake Elsinore Unified School District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
District did not depart from established policies and procedures by not reelecting probationary employee despite satisfactory performance evaluations, where other employees with satisfactory performance evaluations were also not reelected and performance evaluations were not the only source of information used by the District in making re-election decisions. more or view all topics or full text.
3612902/27/12
2090M County of Riverside * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Factors that support a finding of nexus include the employer’s departure from established procedures and standards, its cursory investigation of the employee’s alleged misconduct, and its failure to offer any justification for its actions. County failed to establish any legitimate justification for the issuance of a memo changing working conditions; decision to reassign employee and the imposition of new and onerous restrictions on his working conditions were taken in retaliation for employee’s exercise of protected rights. more or view all topics or full text.
344512/31/09
2086E Garden Grove Unified School District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Charging party failed to establish that the employer departed from past practices or procedures by denying her request to be evaluated by someone other than the human resources office, where she failed to establish evaluation process. more or view all topics or full text.
342512/28/09
2061E Oakland Unified School District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
The district departed from established procedures by failing to notify the employee of the date of the job abandonment hearing. more or view all topics or full text.
3315309/10/09
1996M Omnitrans
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Employer did not depart from past practice when it required employee to give 24 hours advance notice of request for time off to conduct union business, whether such leave was covered by the contract or not, but did depart from practice when it disciplined another employee for failure to provide 48 hours notice, where current policy and practice required only 24-hour notice. Evidence established that parties had a longstanding past practice of requiring 24-hour notice. Contract provisions did not alter past practice requiring notice. 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
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Employer did not fail to follow established procedures for reclassifying a position. The employer decided against the reclassification before it was final and therefore was not required to complete all of the steps necessary for the reclassification. more or view all topics or full text.
3310606/11/09
2039M Calaveras County Water District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
No right to union representative was established because no investigatory meeting was scheduled. more or view all topics or full text.
3311006/19/09
1993E Baker Valley Unified School District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Employer’s failure to give written notice of termination/nonrenewal when it verbally sought resignation of two teachers in lieu of involuntary separation did not establish a departure from past practice or procedure. Employer routinely offered teachers the option to resign without providing a written notice of nonrenewal and therefore did not single out the two teachers for different treatment because of their protected activity. more or view all topics or full text.
332312/19/08
1965E Oakland Unified School District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
The employer's failure to follow established procedures in charging party's dismissal are numerous. The District sent two identical letters a month apart offering charging party the opportunity for a hearing. The employer contends it scheduled a hearing but did not notify charging party of the date of the hearing. The employer allegedly held the hearing but cannot identify exactly when it was held and the parties agree that charging party was not present. There are no written conclusions or findings that resulted from the hearing. Finally, there is no final notice of termination. more or view all topics or full text.
3210706/26/08
1849M County of Santa Cruz
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Charging party failed to allege nexus for layoff determination as it was undisputed that the doctor was the least senior physician and was therefore slated to be laid off consistent with the prior MOU and the County’s past practice. more or view all topics or full text.
3015108/16/06
1758S State of California (Board of Prison Terms)
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
No retaliation or bad faith bargaining where State had right to change portal to portal policy under entire agreement clause. Where no information to show State was not in ongoing negotiations for successor agreement, no impasse declared and no flat refusal to bargain, lack of response to date on one proposal did not establish violation of Dills Act. more or view all topics or full text.
2910303/24/05
1714E Simi Valley Unified School District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Before October 2001, when the Association challenged the independent study program, the teacher and the principal had a good professional relationship; after that period, the principal visited the teacher’s classroom at least 40 times for 10 or more minutes from the adjoining classroom without explanation or greeting more or view all topics or full text.
291911/29/04
1674E Fresno County Office of Education
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
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
1555E San Jose Unified School District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Allegation that District departed from established seniority system in determining layoff order is a factor establishing nexus. more or view all topics or full text.
281211/10/03
1469E Los Angeles Unified School District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
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. more or view all topics or full text.
263302311/29/01
1439E Sweetwater Union High School District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Although alleged adverse action closely followed charging party's protected activity [participation in a meeting with union representative], no retaliation where employer placed employee on administrative leave and pay pending investigation because such action was consistent with employer's policy. more or view all topics or full text.
253207205/22/01
1412E Alisal Union Elementary School District * * * OVERRULED IN PART by County of Santa Clara (2017) PERB Decision No. 2539-M
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
District's denial of employee's right to address Board of Trustees regarding the complaint and prematurely issuing the letter of reprimand departed from District procedure. more or view all topics or full text.
253200710/10/00
1403S State of California (Department of Youth Authority)
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
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
1348E Los Rios College Federation of Teachers (Deglow)
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Union's failure to file grievance not disparate treatment because the CBA Specifically envisions the situation presented in this case and permits individual grievants to proceed without Federation assistance. Accordingly, charging party has failed to establish that her protected activity motivated the federation's decision not to challenge her assignment to teach a certain course. more or view all topics or full text.
233016809/29/99
1349E Los Rios College Federation of Teachers (Deglow)
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Union's failure to file grievance not disparate treatment because the CBA Specifically envisions the situation presented in this case and permits individual grievants to proceed without Federation assistance. Accordingly, charging party has failed to establish that her protected activity motivated the federation's decision not to challenge her assignment to teach a certain course. more or view all topics or full text.
233016909/29/99
1350E Los Rios College Federation of Teachers (Deglow)
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
A finding of disparate treatment is a finding that others have been treated differently for similar or identical conduct or in a similar situation. Union's pursuit of other grievances under the same article not disparate treatment unless facts underlying the grievances are the same. (See, e.g., Belridge School District (1980) PERB Decision No. 157.) more or view all topics or full text.
233017009/29/99
1331E Pasadena Unified School District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
The District did not depart from established practice when it removed a substitute teacher from the District's substitute teacher list because he refused to answer questions regarding two serious complaints against him; p. 4, warning letter. The employer had provided specific reasons for the adverse action and did not provide vague and ambiguous reasons when it provided that "[the employee's] refusal to respond is an act of insubordination designed to circumvent the district's obligation and responsibility to conduct an investigation into allegations of wrongdoing"; p. 4., warning letter. A charge which fails to demonstrate the requisite nexus between the adverse action and the charging party's protected activities does not state a prima facie violation of the EERA; p. 5, warning letter. more or view all topics or full text.
233011805/13/99
1300E Los Angeles Unified School District (Seliga)
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
District did not depart from established procedures where District's actions where collective bargaining agreement contemplates District's actions; pp. 2-3, dismissal letter. more or view all topics or full text.
233001511/24/98
1298E Mountain Empire Unified School District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
District deviated from established procedures when it failed to place employee on the master schedule without apparent reason; p. 3. District departed from established procedures when it undertook a mid-term modification of the junior high school's Title I program without holding a site council meeting; pp. 3-4. more or view all topics or full text.
233001110/30/98
1263H Regents of the University of California (University Professional and Technical Employees)
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
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
1253E San Francisco Unified School District (Patterson)
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
No nexus found where charging party's reading of her bumping rights was not consistent with the language of the Rule. Nor did charging party provide evidence that anyone had exercised bumping rights in the manner she described them. Nor was any other nexus information provided. more or view all topics or full text.
222906403/20/98
1159H Regents of the University of California (Higgins)
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
The employer may investigate charging party's conduct pursuant to its rules as it would investigate the conduct of any other employee alleged to have engaged in misconduct; p. 2, warning letter. The charge fails to present facts which suggest that the employer departed from the rules established for the investigation of complaints alleging discrimination based on sex; p. 3, warning letter. more or view all topics or full text.
202711206/18/96
1148H Regents of the University of California (Dehler)
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
The charging party does not establish that the University acted contrary to the collective bargaining agreement; p. 2, dismissal letter. more or view all topics or full text.
202707504/12/96
1091E Los Angeles Community College District (Mrvichin)
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
District departed from its policy by failing to complete the sexual harassment investigation and terminate Mrvichin via Notice of Unsatisfactory Performance. The district never consulted with the appropriate administrators in preparing the notice granting of a student's grade change request after a cursory investigation is also considered evidence of failure to follow policy. more or view all topics or full text.
192606903/16/95
0962S State of California, Department of Youth Authority
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Charging party failed to show a departure from established procedures as the order limiting charging party's overtime hours was issued only after completion of medical and psychiatric evaluations which were performed after charging party filed an injury report complaining of stress; p. 13. more or view all topics or full text.
172401912/04/92
0895E Sonoma County Junior College District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
The fact that the president has followed faculty hiring committee recommendations in all but two other cases, does not as a matter of law establish that the president deviated from past hiring practices by refusing to select faculty candidates in accord with department faculty recommendations; p. 3, fn. 4. more or view all topics or full text.
152213208/12/91
0885E San Diego Unified School District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
No departure from established procedures where employee was repeatedly counseled, reprimanded and given ample opportunity to correct behavior; p. 73. more or view all topics or full text.
152210306/14/91
0864E Newark Unified School District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Departure from long and established past practice is evidence from which unlawful motive may be inferred; p. 30, proposed dec. more or view all topics or full text.
152202301/14/91
0845H California State University, Fresno
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Inaccurate preparation of probationary employee's evaluation reports was a departure from established procedures; p. 14. Discussion of employee's status on probation at management meetings was a departure from established procedures; p. 14. more or view all topics or full text.
142119310/04/90
0639E Riverside Unified School District (Petrich)
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
No departure from established practices or procedures shown in either placing employee on paid leave or terminating him. more or view all topics or full text.
121900311/23/87
0630E Kern County Office of Education
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
No evidence of departure from established procedures in employee's termination. more or view all topics or full text.
111813307/14/87
0622E Riverside Unified School District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Deviation from past practice adequately explained and justified. more or view all topics or full text.
111810706/11/87
0615H Regents of the University of California (Yeary)
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Departure from established procedure in this case did not imply unlawful motive under facts of this case; p. 21. more or view all topics or full text.
111806003/03/87
0564E El Dorado Union High School District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Past practice of contracting out is not a proper defense when employer action improperly motivated. more or view all topics or full text.
101707604/04/86
0559H California State University (San Francisco)
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Department head did not follow standard University procedures, but followed his own procedure consistently. more or view all topics or full text.
101704301/03/86
1740H Trustees of the California State University (Sacramento)
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Board dismissed charge alleging that employer failed to conduct a proper investigation before imposing discipline where charging party failed to allege sufficient facts demonstrating the procedures were violated. more or view all topics or full text.
296301/26/05
0500E Santa Clara Unified School District
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
Reassignment inconsistent with prior actions in planning and implementing reductions. more or view all topics or full text.
91611604/11/85
0378S State of California (Department of Developmental Services, Napa State Hospital) (Matta)
504.3000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures
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