Decision 1480S – State of California (Unemployment Insurance Appeals Board)
LA-CE-564-S
Decision Date: May 2, 2002
Decision Type: PERB Decision
Description: The charge alleged that the State of California (Unemployment Insurance Appeals Board, Department of Fair Employment and Housing, Department of Motor Vehicles) violated section 3519(a) of the Ralph C. Dills Act by discriminating against him for engaging in protected activities and refusing to consider his application for employment on its merits. The Board agent correctly found that the charging party failed to allege that named individuals had hiring authority, that he was subjected to adverse action attributable to the employer, or that there was any nexus between any arguable protected activity and any actions by the state.
Disposition: The Board affirmed dismissal of the unfair practice charge for failure to state a prima facie case of discrimination for protected activity under the Dills Act.
Perc Vol: 26
Perc Index: 33063
Decision Headnotes
503.01000 – In General
No prima facie case of employer discrimination shown where charging party failed to allege that named individuals had hiring authority or that he was subjected to adverse action attributable to the employer.
504.14000 – Other/In General
No prima facie case of employer discrimination shown where charging party failed to present allegations demonstrating nexus between actions by named individuals and alleged protected activity.