Decision 1230E – Centinela Valley Union High School District (Garcia)
Decision Date: November 13, 1997
Decision Type: PERB Decision
Description: Employee appealed dismissal of unfair practice charge against District claiming it violated her rights when it refused to hire her and gave her an unfavorable evaluation.
Disposition: Dismissed. Employee failed to show she had participated in protected activity or that the District was motivated by its knowledge of such.
Perc Vol: 22
Perc Index: 29010
501.01000 – In General; Elements of Prima Facie Case
Where charge failed to allege that charging party participated in any protected activity prior to adverse actions or that any protected activity motivated the respondent's actions, charge failed to state a cause of action for discrimination under the EERA; p. 4-5, warning letter.
502.01000 – In General
Applicants for employment are employees within the meaning of EERA section 3543.5(a); p. 4, warning letter.
1100.01000 – In General/Prima Facie Case
Charge must allege the "who, what, when, where, and how" of an unfair practice charge United Teachers of Los Angeles (Ragsdale) (1992) PERB Decision No. 944; p. 4, warning letter. Mere legal conclusions without sufficient supporting facts are insufficient to state a prima facie case; p. 3, warning letter.
1101.01000 – In General
EERA section 3541.5(a)(1) prohibits the Board from issuing a complaint based on an alleged unfair practice occurring more than six months prior to the filing of the charge; p. 3, warning letter.