All notes for Subtopic 504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
Decision | Description | PERC Vol. | PERC Index | Date |
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2806E | * * * JUDICIAL APPEAL PENDING * * * Visalia Unified School District 504.07000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications The District exaggerated justifications for employee’s termination by inflating the financial impact of employee’s errors. The District also alleged the errors were the result of falsification and insubordination, both of which require a showing of intent, without providing any proof of such intent. (pp. 24-30.) more or view all topics or full text. | 46 | 115 | 02/07/22 |
2666E | San Diego Unified School District 504.07000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications The Board declined charging party’s request to consider new evidence that his criminal conviction for sending threatening communications to school administrators had been set aside because the evidence in the record did not suggest that the District “exaggerated or otherwise mischaracterized [the facts that led to the criminal charges], thereby evidencing an unlawful motivation.” That a court later set aside the conviction thus is irrelevant to our inquiry. (p. 8, fn. 7.) more or view all topics or full text. | 44 | 55 | 08/27/19 |
2635Ma | City of Santa Monica 504.07000: 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. | 44 | 125 | 01/22/20 |
2637S | State of California (California Correctional Health Care Services) (Service Employees International Union Local 1000) 504.07000: 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. | 43 | 164 | 04/17/19 |
2630E | Adelanto Elementary School District 504.07000: 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. | 43 | 147 | 03/01/19 |
2584E | California Virtual Academies 504.07000: 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. | 43 | 54 | 09/21/18 |
2584E | California Virtual Academies 504.07000: 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. | 43 | 54 | 09/21/18 |
2563E | Napa Valley Community College District 504.07000: 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. | 42 | 154 | 05/25/18 |
2450E | Jurupa Unified School District 504.07000: 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. | 40 | 46 | 08/31/15 |
2452E | Hartnell Community College District 504.07000: 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. | 40 | 56 | 09/04/15 |
2453E | Cabrillo Community College District 504.07000: 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. | 40 | 57 | 09/17/15 |
2420E | Jurupa Unified School District 504.07000: 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. | 39 | 141 | 04/23/15 |
2337E | Palo Verde Unified School District 504.07000: 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. | 38 | 69 | 10/29/13 |
2221E | Chula Vista Elementary School District * * * OVERRULED IN PART by Bellflower Unified School District (2017) PERB Order No. Ad-447 504.07000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications * * * OVERRULED IN PART ON OTHER GROUNDS by Bellflower Unified School District (2017) PERB Order No. Ad-447. * * *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. | 36 | 88 | 11/23/11 |
2267M | County of Santa Clara * * * OVERRULED IN PART by Los Angeles Unified School District (2016) PERB Decision No. 2479 504.07000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications * * * OVERRULED IN PART ON OTHER GROUNDS by Los Angeles Unified School District (2016) PERB Decision No. 2479. * * *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. | 37 | 6 | 05/25/12 |
2244E | Los Angeles Unified School District 504.07000: 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. | 36 | 133 | 02/29/12 |
2235E | Santa Ana Unified School District 504.07000: 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. | 36 | 119 | 02/07/12 |
2241E | Lake Elsinore Unified School District 504.07000: 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. | 36 | 129 | 02/27/12 |
2211M | City of Santa Monica 504.07000: 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. | 36 | 66 | 10/24/11 |
2184M | County of Riverside 504.07000: 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. | 36 | 2 | 06/07/11 |
2161M | City of Alhambra 504.07000: 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. | 35 | 36 | 02/08/11 |
2129E | Sacramento City Unified School District 504.07000: 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. | 34 | 134 | 09/03/10 |
2090M | County of Riverside * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495 504.07000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications * * * OVERRULED IN PART ON OTHER GROUNDS by Walnut Valley Unified School District (2016) PERB Decision No. 2495. * * *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. | 34 | 45 | 12/31/09 |
2070H | Trustees of the California State University (San Marcos) 504.07000: 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. | 33 | 173 | 10/15/09 |
2031M | Coachella Valley Mosquito and Vector Control District * * * OVERRULED IN PART by City of Roseville (2016) PERB Decision No. 2505-M 504.07000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications * * * OVERRULED IN PART ON OTHER GROUNDS by City of Roseville (2016) PERB Decision No. 2505-M. * * *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. | 33 | 92 | 05/29/09 |
2038H | Trustees of the California State University * * * OVERRULED IN PART by Visalia Unified School District (2022) PERB Decision No. 2806 504.07000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications * * * OVERRULED IN PART ON OTHER GROUNDS by Visalia Unified School District (2022) PERB Decision No. 2806. * * *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. | 33 | 106 | 06/11/09 |
2039M | Calaveras County Water District 504.07000: 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. | 33 | 110 | 06/19/09 |
1993E | Baker Valley Unified School District 504.07000: 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. | 33 | 23 | 12/19/08 |
1920M | Jurupa Community Services District 504.07000: 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. | 31 | 136 | 08/10/07 |
1880E | Oakland Unified School District 504.07000: 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. | 31 | 45 | 01/11/07 |
1707M | Alameda County Medical Center 504.07000: 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. | 29 | 11 | 11/16/04 |
1674E | Fresno County Office of Education 504.07000: 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. | 28 | 219 | 08/19/04 |
1585H | Regents of the University of California 504.07000: 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. | 28 | 62 | 01/15/04 |
1561E | Bellevue Union Elementary School District 504.07000: 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. | 28 | 24 | 12/08/03 |
1555E | San Jose Unified School District 504.07000: 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. | 28 | 12 | 11/10/03 |
1560E | Coast Community College District 504.07000: 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. | 28 | 22 | 12/05/03 |
I055M | County of San Joaquin (Health Care Services) 504.07000: 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. | 25 | 32109 | 09/05/01 |
1529E | Oakland Unified School District 504.07000: 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. | 27 | 91 | 06/20/03 |
1532E | Los Angeles Unified School District 504.07000: 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. | 27 | 92 | 06/23/03 |
1469E | Los Angeles Unified School District 504.07000: 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. | 26 | 33023 | 11/29/01 |
1263H | Regents of the University of California (University Professional and Technical Employees) 504.07000: 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. | 22 | 29090 | 04/28/98 |
1259E | Fall River Joint Unified School District 504.07000: 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. | 22 | 29082 | 04/08/98 |
1032S | California Union of Safety Employees (Coelho) 504.07000: 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. | 18 | 25029 | 01/06/94 |
0965E | Livingston Union School District 504.07000: 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. | 17 | 24022 | 12/10/92 |
0895E | Sonoma County Junior College District 504.07000: 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. | 15 | 22132 | 08/12/91 |
0864E | Newark Unified School District 504.07000: 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. | 15 | 22023 | 01/14/91 |
0845H | California State University, Fresno 504.07000: 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. | 14 | 21193 | 10/04/90 |
0805H | Trustees of the California State University (Statewide University Police Association) 504.07000: 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. | 14 | 21090 | 04/17/90 |
0786E | McFarland Unified School District 504.07000: 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. | 14 | 21034 | 01/03/90 |
0639E | Riverside Unified School District (Petrich) 504.07000: 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. | 12 | 19003 | 11/23/87 |
0630E | Kern County Office of Education 504.07000: 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. | 11 | 18133 | 07/14/87 |
0500E | Santa Clara Unified School District 504.07000: 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. | 9 | 16116 | 04/11/85 |
0377E | Placer Hills Union High School District 504.07000: 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. | 8 | 15037 | 02/14/84 |
0368E | San Diego Community College District 504.07000: 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. | 8 | 15009 | 12/22/83 |
0328S | State of California (Department of Parks and Recreation) * * * OVERRULED IN PART by County of Santa Clara (2017) PERB Decision No. 2539-M 504.07000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications * * * OVERRULED IN PART ON OTHER GROUNDS by County of Santa Clara (2017) PERB Decision No. 2539-M * * *Shifting justification evidences pretextual motivation. more or view all topics or full text. | 7 | 14211 | 07/29/83 |
0324E | Central Union High School District 504.07000: 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. | 7 | 14189 | 06/30/83 |
0288E | San Leandro Unified School District 504.07000: 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. | 7 | 14079 | 02/24/83 |
0280E | California School Employees Association-Chapter 381 (Parisot) 504.07000: 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. | 7 | 14058 | 01/31/83 |
0210E | Novato Unified School District 504.07000: 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. | 6 | 13114 | 04/30/82 |
0145E | Marin Community College District 504.07000: 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. | 4 | 11198 | 11/19/80 |