Decision 0615H – Regents of the University of California (Yeary)

Party alleging unlawful discrimination has the burden of making a showing to support the inference that protected conduct was a motivating factor in the employer's decision to take adverse personnel action. Nexus may be established by circumstantial evidence. (Good discussion of nexus); pp. 16-17.

Party alleging unlawful discrimination has the burden of making a showing to support the inference that protected conduct was a motivating factor in the employer's decision to take adverse personnel action. Nexus may be established by circumstantial evidence. (Good discussion of nexus); pp. 16-17.

Departure from established procedure in this case did not imply unlawful motive under facts of this case; p. 21.

Filing DFEH charge is not protected activity under PERB statutes.

Motion to disqualify ALJ denied for lack of compliance with Regulation 32155. Motion not in writing nor made before taking of any evidence; p. 16.

32320(a)(2)-the Board may reopen a completed record based on newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence; p. 14. 32155-motion to disqualify ALJ denied for lack of compliance with Regulation 32155. Motion not in writing nor made before taking of any evidence; p. 16.

Threats to withdraw recognition of representative (p. 21) and threats to advance hearing date on or withdraw appeal not sufficient to imply unlawful motive; p. 22.

The Board may reopen a completed record based on newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence. Here, moving party did not meet burden; p. 14.

Evidence of events occurring outside statutory period may be received as background in order to shed light on character of events occurring within 6 month period.