Decision 0808E – Woodland Joint Unified School District

S-CE-1211

Decision Date: May 16, 1990

Decision Type: PERB Decision

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Perc Vol: 14
Perc Index: 21101

Decision Headnotes

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
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.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
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.