Decision 0808E – Woodland Joint Unified School District
Decision Date: May 16, 1990
Decision Type: PERB Decision
Perc Vol: 14
Perc Index: 21101
503.15000 – Other
Discriminatory enforcement of a work rule for the purpose of harassing or intimidating an employee in retaliation for having engaged in protected activity constitutes adverse action.
1105.06000 – Hearsay
Testimony concerning statements made by doctor to employee during appointments were a recital of events and not offered for a hearsay purpose, i.e., not offered as diagnostic evidence. However, even if they are hearsay, findings related to those statements constitute harmless error since the decision does not turn on the medical diagnosis, but rather, on whether the verification was imposed to intimidate and harass employee.