Decision 0822E – Culver City Unified School District
LA-CE-2743
Decision Date: June 27, 1990
Decision Type: PERB Decision
Perc Vol: 14
Perc Index: 21134
Decision Headnotes
503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General
503.01000 – In General
Palo Verde test (PERB Decision No. 689) is to be applied as an objective test.
405.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES
405.02000 – Express or Implied Threats
405.02000 – Express or Implied Threats
No violation of section 3543.5(a) where employer's actions constituting threat were in response to a perceived personal attack on veracity and integrity, and were found not to reasonably tend to coerce or intimidate an employee in the exercise of protected activities.
504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.02000 – Disparate Treatment
504.02000 – Disparate Treatment
No finding of nexus and disparate treatment shown where principal requested doctor's excuse after employee missed faculty meeting.
501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case
501.01000 – In General; Elements of Prima Facie Case
Palo Verde test of harm (PERB Decision No. 689) is an objective one.