Decision 1357S – State of California (Department of Health Services)

SA-CE-1243-S

Decision Date: October 18, 1999

Decision Type: PERB Decision

Description: The Board dismissed the charge, which alleged that the State of California (Department of Health Services) violated the Dills Act when it terminated the employment of Dana Bass In retaliation for engaging in protected conduct.

Disposition: Dismissal. Charge failed to demonstrate adverse action, disparate treatment, or cursory investigation.

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Perc Vol: 24
Perc Index: 31001

Decision Headnotes

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Notice that employer would be seeking an adverse action against an employee is not an adverse action; p. 2, dismissal letter.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.03000 – Warning Letters, Reprimands, Evaluations

Notice that employer would be seeking an adverse action against an employee is not an adverse action; p. 2, dismissal letter.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation

Notice that employer would be seeking an adverse action against an employee is not an adverse action; p. 2, dismissal letter.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.02000 – Disparate Treatment

No disparate treatment where employee was dismissed for many different reasons, only one of which had been done by other employees who were not dismissed; p. 3, dismissal letter.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.08000 – Cursory Investigation

Employer's failure to interview employee subject to adverse action is not a cursory investigation unless employer routinely interviewed employees in such circumstances; p. 2, dismissal letter.