All notes for Subtopic 504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications

DecisionDescriptionPERC Vol.PERC IndexDate
2635Ma * * * JUDICIAL APPEAL PENDING * * * City of Santa Monica
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Board affirmed ALJ’s finding that employer presented consistent reason for its decision to promote another employee over charging party, and found no evidence that employer’s explanation was substantively different from that which was initially expressed to charging party. more or view all topics or full text.
01/22/20
2637S State of California (California Correctional Health Care Services) (Service Employees International Union Local 1000)
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Inconsistent or contradictory justifications for an employer’s actions may support an inference of unlawful motive. (p. 15) more or view all topics or full text.
4316404/17/19
2630E Adelanto Elementary School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
An employer offering exaggerated, inconsistent, or vague reasons may be an indicator of the employer’s discriminatory intent. Although the Board’s task is not to determine whether an employer had just cause to discipline an employee, it must nonetheless consider evidence of the alleged wrongdoing to determine if the employer exaggerated or otherwise mischaracterized what occurred, thereby evincing an unlawful motivation. more or view all topics or full text.
4314703/01/19
2584E California Virtual Academies
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Exaggerated and shifting justifications between employer’s response to unfair practice charge and testimony at hearing is evidence of unlawful motive. more or view all topics or full text.
435409/21/18
2584E California Virtual Academies
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Unexplained and apparently groundless suggestion that employee be told that purported misconduct could result in additional professional consequences provides at least some evidence of unlawful motive. more or view all topics or full text.
435409/21/18
2563E Napa Valley Community College District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Taking adverse action for unsubstantiated reasons may be evidence of unlawful motive. more or view all topics or full text.
4215405/25/18
2450E Jurupa Unified School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
The District’s shifting justification for its adverse action between the time it presented a summary of allegations to the charging party and the time it submitted a post-hearing brief indicates a nexus between charging party’s protected conduct and his termination. more or view all topics or full text.
404608/31/15
2452E Hartnell Community College District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Employer’s efforts to discover and provide a legitimate, nondiscriminatory reason for terminating employee after he was already terminated supports inference of unlawful, discriminatory motive, because any legitimate, non-discriminatory reason for taking adverse action would have already been known to employer’s decision makers as of the date of its decision to terminate employee. p. 44. more or view all topics or full text.
405609/04/15
2453E Cabrillo Community College District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
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. Lack of evidence regarding an independent investigation by the District prior to its taking adverse action against charging party suggests that the District’s justification was pretextual. The District has not described how it conducted a thorough investigation of charging party’s academic credentials in the two days between charging party’s November 4, 2012, e-mail and the District’s November 6, 2012 adverse action. In addition, the undated evidence that was first submitted to PERB by the District in its March 6, 2013, position statement is arguably “after the fact,” and therefore unconvincing justification for its November 6, 2012, adverse action. As such, it supports an inference of unlawful motive as an attempt to legitimize later its earlier decision to impose adverse action. We conclude, therefore, that charging party has sufficiently alleged that the District’s motive for placing him on involuntary, paid administrative leave, withdrawing its tentative offer of employment for Spring 2013 and foreclosing the possibility of future employment with the District, was charging party’s protected conduct and not the District’s concerns about charging party’s qualifications and or his alleged failure to document or disclose prior employment. more or view all topics or full text.
405709/17/15
2420E Jurupa Unified School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
The inconsistency in the District witness’ testimony regarding school principal’s level of involvement in an investigation of student allegations against charging party permit an inference of unlawful motivation. more or view all topics or full text.
3914104/23/15
2337E Palo Verde Unified School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
An employer’s alleged practice of not providing reasons for discharge does not overcome credible testimony describing the reasons for discharge actually given an employee by the employee’s supervisor. more or view all topics or full text.
386910/29/13
2221E Chula Vista Elementary School District * * * OVERRULED IN PART by Bellflower Unified School District (2017) PERB Order No. Ad-447
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Where charging party initially was given no explanation for the action taken, but then was told she did not meet three criteria, and finally was told she was disqualified based on one criteria only, these inconsistent reasons or shifting justifications constituted circumstantial evidence of unlawful motive; where employer provides charging party with a justification for the action taken, the employer cannot then claim that it was under no obligation to provide a justification and therefore the justification cannot be evaluated to determine the employer’s true 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
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Evidence that employer discovered additional reasons for termination did nothing to undermine official reason for termination based upon employee’s failure to report for work as directed absent a qualifying medical excuse. Shifting justifications not established. more or view all topics or full text.
05/25/12
2244E Los Angeles Unified School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Allegation that principal told substitute teacher that cited incident was not the true reason for her removal could support a finding of inconsistent or contradictory justification or the offering of vague and ambiguous reasons. In addition, allegations that principal told teacher that she had “had problems with other principals in the past and mustn’t take it out on him because of what others dictate” could support a finding that the decision was made by someone else with unlawful motivation. more or view all topics or full text.
3613302/29/12
2235E Santa Ana Unified School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
No inference of unlawful motivation may be drawn from notice that failed to provide any reasons for decision to terminate substitute teacher’s employment; evidence did not establish employer gave inconsistent justifications for its actions. Failure to include a reason for removal of employee did not support inference of unlawful motive in the absence of evidence that employer was required by law, policy, or past practice to give employee a specific reason. more or view all topics or full text.
3611902/07/12
2241E Lake Elsinore Unified School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Failure to give probationary teacher reason for non-reelection does not indicate unlawful motive, where employer’s practice was not to provide reasons and it was not required by law or policy to do so. more or view all topics or full text.
3612902/27/12
2211M City of Santa Monica
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Failure to provide employee with reasons for releasing him on probation does not support inference of unlawful motive. Employer’s failure to give probationary, “at-will” employee a reason for dismissal does not indicate unlawful motive in the absence of evidence that employer was required by law, policy or past practice to do so. Where employer’s practice was not to give probationary employee a reason for releasing employee on probation, failure to do so did not support inference of unlawful motive. more or view all topics or full text.
366610/24/11
2184M County of Riverside
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
An employer’s failure to give an “at will” employee a reason for dismissal does not indicate unlawful motive in the absence of evidence that the employer was required by policy or past practice to do so. more or view all topics or full text.
36206/07/11
2161M City of Alhambra
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
An employer’s failure to offer justification at the time it took an adverse action is not a reliable indicator of discriminatory intent unless the employer was required by law, policy, or past practice to give a reason for the action. No inference of unlawful motive drawn when an employer told an employee he was being rejected on probation because he “no longer fit into the organization” and the record did not establish that the employer was required to give a more specific reason. more or view all topics or full text.
353602/08/11
2129E Sacramento City Unified School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
School district’s failure to give substitute teacher a reason for removing him from the district’s active substitute list did not support an inference of unlawful motive where the district was not required by law or policy to give a reason and the district had no past practice of doing so. No shifting justifications when employer did not give a reason at time of adverse action and then gave one in response to unfair practice charge. more or view all topics or full text.
3413409/03/10
2090M County of Riverside * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Failure to provide justification for imposing new and onerous restrictions on employee’s working conditions, issuance of administrative memoranda, placement of employee on administrative leave and termination of employee support finding of unlawful retaliation for employee’s exercise of protected rights. more or view all topics or full text.
344512/31/09
2070H Trustees of the California State University (San Marcos)
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Employer’s failure to give employee reason for search of employee’s personal vehicle during the search supports an inference of unlawful motivation. more or view all topics or full text.
3317310/15/09
2031M Coachella Valley Mosquito and Vector Control District * * * OVERRULED IN PART by City of Roseville (2016) PERB Decision No. 2505-M
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Exaggerated reasons given by the employer or its agents for the alleged unlawful conduct support an inference of retaliation. The employer, however, failed to establish any legitimate justification for large increases in budget shifting expenses from salaries and benefits to attorney fees, utilities, janitorial expenses, and equipment parts and supplies, necessitating layoff of employees. more or view all topics or full text.
339205/29/09
2038H Trustees of the California State University * * * OVERRULED IN PART by Santa Clara Valley Water District (2013) PERB Decision No. 2349- M
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Employer’s statement that it planned to reorganize positions to increase efficiency and streamline processes was not vague or ambiguous reason for employee’s reassignment. Employer’s claim in its position statement that reorganization plan was merely a proposal did not establish that employer gave employee inconsistent reasons for the reorganization. more or view all topics or full text.
3310606/11/09
2039M Calaveras County Water District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
No evidence that employee had a consistent, documented history of excellent work prior to receiving a negative evaluation. more or view all topics or full text.
3311006/19/09
1993E Baker Valley Unified School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
An employer’s vague or ambiguous reason(s) for adverse action support an inference of unlawful motivation. To be “vague or ambiguous,” reason must be essentially meaningless to employee under the circumstances. Employer’s statement that it would terminate teacher for classroom management problems was not vague or ambiguous because teacher had a documented history of such problems. Employer’s statement that teacher was being nonrenewed because of classroom “inconsistencies” was vague or ambiguous because employer had never discussed such problems with teacher prior to nonrenewal. more or view all topics or full text.
332312/19/08
1920M Jurupa Community Services District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
In determining that there was an unlawful motive for an employee’s termination, the Board considered a manager’s contradictory testimony about the reason for the termination. She claimed that the employee’s history of retaliatory and aggressive behavior led her to her decision to terminate him. However, she also testified that her Determination letter, which does not allege any physical abuse by the employee, contains all the reasons for his termination. more or view all topics or full text.
3113608/10/07
1880E Oakland Unified School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
The District acted with an unlawful motive when it issued a teacher a notice of non-reelection on the same day that the teacher delivered the minutes of a controversial committee meeting to his principal; this timing coupled with the District's inconsistent justifications for its decision sufficiently state a prima facied case of retaliation. The District’s shifting justifications for its adverse actions against a probationary teacher were evidence of retaliation. In stark contrast to its justifications at the time of the adverse action, at hearing the District emphasized the inappropriate nature of a silent reading prompt as a key ground for its decision to non-reelect the teacher. decision sufficiently state a prima facie case of retaliation. more or view all topics or full text.
314501/11/07
1707M Alameda County Medical Center
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
The record showed that the County followed progressive discipline policies in issuing more than 10 warnings about tardiness and other performance problems, and offered consistent justification for her discipline. more or view all topics or full text.
291111/16/04
1674E Fresno County Office of Education
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
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. Only Association activists to be involuntarily transferred for non-disciplinary reasons from continuing programs. more or view all topics or full text.
2821908/19/04
1585H Regents of the University of California
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Fact that charges in the termination notice are unsubstantiated does not by itself establish the required nexus. more or view all topics or full text.
286201/15/04
1561E Bellevue Union Elementary School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Mere lack of good cause for non-reelection of employees does not, by itself, support an inference of unlawful animus. District was within its rights to establish a policy of granting tenure only to those teachers receiving superior performance ratings, as opposed to merely satisfactory ones. Accordingly, District established that it would have not reelected the employees even absent any protected activity. more or view all topics or full text.
282412/08/03
1555E San Jose Unified School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
District targeted for layoff “Programmer III” positions but not “Lead Programmer III” positions on the grounds that the two positions perform different duties. Allegation that both positions in fact perform identical functions established that District’s justification was false and supported a finding of nexus. more or view all topics or full text.
281211/10/03
1560E Coast Community College District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
District’s contention that employee was suspended for potential violent behavior is inconsistent with the seventeen-day delay between the incident and that District’s imposition of the suspension and initiation of an investigation. more or view all topics or full text.
282212/05/03
I055M County of San Joaquin (Health Care Services)
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Injunctive relief granted where Board found reasonable cause to believe that employer suspended employee because he was union’s primary organizer. Timing of employee’s suspension during election period coupled with employer’s vague and ambiguous justifications for suspension established the nexus required for a prima facie case. more or view all topics or full text.
253210909/05/01
1529E Oakland Unified School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
That the District did not offer the employee justification for placing him on administrative leave pending an investigation until a later time, and never informed him of the results of the investigation, is evidence of unlawful motivation. more or view all topics or full text.
279106/20/03
1532E Los Angeles Unified School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
District’s explanation that applicant was rejected for re-employment because reference letter failed as to “quality/recency/appropriateness” was exaggerated, vague, and/or ambiguous. District has provided no explanation to employee as to how his reference letter failed as to quality, recency, and/or appropriateness. Board finds that the District’s inadequate explanation is further circumstantial evidence that the District acted with discriminatory animus. more or view all topics or full text.
279206/23/03
1469E Los Angeles Unified School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
District's failure to give teacher an opportunity to improve program shows teacher treated in a disparate manner. Purported justification of "anonymous complaints, safety considerations and [school's] low test scores" unsupported by any other evidence and found not credible therefore support an inference of unlawful motivation. Even if afterschool program was deficient in some manner, terminating program coordinator fifty-seven days after first putting her on notice of such deficiencies, clearly supports a conclusion District's actions were not the result of a routine, arms-length personnel decision. more or view all topics or full text.
263302311/29/01
1263H Regents of the University of California (University Professional and Technical Employees)
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
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
1259E Fall River Joint Unified School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Inconsistent justification found where initial reason for transfer was problems at school, then it resulted from a pilot program, which was never discussed with staff. more or view all topics or full text.
222908204/08/98
1032S California Union of Safety Employees (Coelho)
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Adverse conduct based on unsubstantial allegations may raise an inference of unlawful motivation; p. 13. more or view all topics or full text.
182502901/06/94
0965E Livingston Union School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Inconsistent or contradictory justifications for action taken; pp. 4-5; pp. 30-33, proposed dec. more or view all topics or full text.
172402212/10/92
0895E Sonoma County Junior College District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Shifting justifications were found where gender equity was raised as additional justification to refuse to hire Charging Party; p. 22, proposed dec. more or view all topics or full text.
152213208/12/91
0864E Newark Unified School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Shifting or differing justifications offered by District in support of involuntary transfer supplies evidence of unlawful motive; p. 15. Exaggerated reasons offered to justify employer's adverse action are evidence which suggests unlawful motive; p. 29, proposed dec. more or view all topics or full text.
152202301/14/91
0845H California State University, Fresno
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Inconsistent or contradictory explanations evident in employer's evaluation of probationary employees; p. 13. more or view all topics or full text.
142119310/04/90
0805H Trustees of the California State University (Statewide University Police Association)
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Inconsistent or contradictory explanations evident in sexual harassment allegations and policy regarding the conducting of Association business on work time; pp. 24-25. more or view all topics or full text.
142109004/17/90
0786E McFarland Unified School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Even though district need not give reason for decision not to reelect probationary teacher under Ed. Code, it has burden to justify action after prima facie case for discrimination made; pp. 9-10. (Affirmed, McFarland USD v. PERB/McFarland Teachers Assn. (1991) 228 Cal.App.3d 166, review denied.) more or view all topics or full text.
142103401/03/90
0639E Riverside Unified School District (Petrich)
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
No inconsistent or contradictory reasons where employer consistently cited employee's attendance problems and poor work performance and followed a course of progressive discipline. more or view all topics or full text.
121900311/23/87
0630E Kern County Office of Education
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
No evidence of shifting or inconsistent justification for employee's termination. more or view all topics or full text.
111813307/14/87
1945E Journey Charter School * * * VACATED by Journey Charter School (2009) PERB Decision No. 1945a
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Nexus can be proven by evidence of the employer’s inconsistent or contradictory justifications for its actions. However, the record is devoid of evidence that a charter school’s justification for its action was inconsistent or contradictory. A charter school did not give a clear reason to teachers for its non-renewal of their contracts. Nevertheless, the totality of the circumstances indicated that a charter school did not renew the teachers’ contracts because they distributed a letter. The Board was unable to draw a reasonable inference of unlawful motivation based solely on the proximity of the charter school’s action and its failure to give the teachers a clear justification for their decision. more or view all topics or full text.
324502/28/08
0500E Santa Clara Unified School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Charging party offered no explanation when reassigned; reassignment inconsistent with circumstances related to projected enrollment and course planning. more or view all topics or full text.
91611604/11/85
0377E Placer Hills Union High School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
District's multiple justifications for imposition of a written acknowledgment rule were not inconsistent and so did not raise inference of unlawful motive; p. 34. more or view all topics or full text.
81503702/14/84
0368E San Diego Community College District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
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; pp. 19-21. 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
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Shifting justification evidences pretextual motivation. more or view all topics or full text.
71421107/29/83
0324E Central Union High School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Lack of justification for employee discipline does not of itself inevitably warrant a finding that the Act has been violated. Additional evidence may be required to show unjust discipline was motivated by anti-union animus; p. 7. more or view all topics or full text.
71418906/30/83
0288E San Leandro Unified School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
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
0280E California School Employees Association-Chapter 381 (Parisot)
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Board reversed hearing officer's dismissal of charge where charging party alleged sufficient facts demonstrating that disciplinary action was based on unreasonably vague and ambiguous changes and that procedures followed by organization where arguably unreasonable; p. 10. more or view all topics or full text.
71405801/31/83
0210E Novato Unified School District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Evidence that respondent failed to offer justification to the agrieved employee at the time it took action against him or that it offered exaggerated or vague and ambiguous reasons is relevant in deducing improper motive; p. 13. By raising at the hearing new justifications, employer appeared to be attempting to legitimize its decision after the fact, an action supportive of an inference that the employer's motives were unlawful; pp. 13-14. Offering no justification to the aggrieved employee at the time it took action against him, or offering exaggerated or vague and ambiguous reasons is relevant in deducing improper motive. The District's failure to offer the teacher a reason for his transfer, and its later explanation that he had been employed at the high school over 20 years and needed a change, that he had become engrained in his its later explanation that he had been employed at the high school over 20 years and needed a change, that he had become engrained in his that the District violated EERA subsection 3543.5(a); pp. 12-14. more or view all topics or full text.
61311404/30/82
0145E Marin Community College District
504.7000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Employer's refusal to discuss incident allegedly causing discipline is evidence of anti-union motivation. more or view all topics or full text.
41119811/19/80