Decision 0492E – Sacramento City Unified School District

Burden does not shift to employer to demonstrate lawful reasons for adverse action if changing party fails to establish prima facie case.

There can be no unlawful retaliation if employer unaware of protected activity; animus not automatically imputed from supervisor to interview committee; committee unaware of both employee's protected activity and of animus of supervisor.

An honestly given retraction can erase the effects of a prior coercive statement; retraction must be made in a manner that completely nullifies coercive effects of earlier statement; angry retraction in context of implying that employee made false accusation insufficient retraction.

Statements by an employer must be viewed in their overall context to determine if they are coercive; employer's statements, in context, determined to be threats of adverse action if employees sought assistance of union.

Not necessary to show unlawful motivation.

Protected right to file grievance under contractual grievance procedure.

There can be no unlawful retaliation if employer unaware of protected activity; animus not automatically inputed from supervisor to interview committee; committee unaware of both employee's protected activity and of animus of supervisor.

Burden does not shift to employer to demonstrate lawful reasons for adverse action if charging party fails to establish prima facie case.