All notes for Subtopic 505.07000 – Offensive Personal Characteristics

DecisionDescriptionPERC Vol.PERC IndexDate
2221E Chula Vista Elementary School District * * * OVERRULED IN PART by Bellflower Unified School District (2017) PERB Order No. Ad-447
505.7000: EMPLOYER DISCRIMINATION; DEFENSES; Offensive Personal Characteristics
Where justification given by the employer for the adverse action was that charging party’s interpersonal skills were deficient, but there was no history of deficiencies, every performance evaluation reflected superior interpersonal skills and colleagues who interacted with charging party all testified that charging party’s interpersonal skills were beyond reproach, the employer failed to establish its affirmative defense. more or view all topics or full text.
368811/23/11
2161M City of Alhambra
505.7000: EMPLOYER DISCRIMINATION; DEFENSES; Offensive Personal Characteristics
Employer proved it would have rejected employee on probation despite his protected activity based on the employee’s inability to get along with his supervisor and co-workers, and his apparent unwillingness to perform the required amount of work. more or view all topics or full text.
353602/08/11
1649M County of San Joaquin (Health Care Services)
505.7000: EMPLOYER DISCRIMINATION; DEFENSES; Offensive Personal Characteristics
Despite evidence of unlawful animus, the Board found that physician would have been terminated even absent protected activities because of inappropriate remarks made to patients and other employees. more or view all topics or full text.
2818706/29/04
1605E Las Virgenes Unified School District
505.7000: EMPLOYER DISCRIMINATION; DEFENSES; Offensive Personal Characteristics
Board dismissed charge alleging unlawful discrimination where District demonstrated that employee would have been transferred based on a history of problems unrelated to any protected activity. more or view all topics or full text.
289202/25/04
1560E Coast Community College District
505.7000: EMPLOYER DISCRIMINATION; DEFENSES; Offensive Personal Characteristics
Employee’s failure to peacefully coexist with other employees, refusal to comply with the chain of command, and refusal to accept supervision sufficiently supported District’s defense that it would have taken adverse action against the employee even absent any protected activity. more or view all topics or full text.
282212/05/03
1063S State of California (Department of General Services) (Strickland)
505.7000: EMPLOYER DISCRIMINATION; DEFENSES; Offensive Personal Characteristics
Even if charging party's technical skills, experience, education, flexibility and dependability had been far superior to the other candidate, the employer could legitimately have rejected charging party based solely upon his lack of interpersonal skills and his erratic and abusive behavior. An applicant has no right to expect that a history of abusive behavior will be disregarded simply because the offensive behavior may have, on occasion, occurred in pursuit of legitimate and possibly protected issues; p. 30, proposed dec. more or view all topics or full text.
192600310/27/94
0641H California State University, Long Beach
505.7000: EMPLOYER DISCRIMINATION; DEFENSES; Offensive Personal Characteristics
Adverse actions against an employee due to dissatisfaction with her work, displeasure with her resistance to accepting supervisorial directions and criticism, and desire of supervisors to conduct the operation according to their own judgment. Adverse actions not due to employee's invoking aid of union. more or view all topics or full text.
121900612/11/87