Decision 1497S – State of California (Department of Motor Vehicles, Unemployment Insurance Appeals Board, State Personnel Board and Department of Justice)
Decision Date: August 27, 2002
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge. The charge alleged that various departments of the State of California violated the Ralph C. Dills Act by denying the charging party employment because of his protected conduct.
Disposition: Dismissed. Charging party failed to establish a prima facie case of discrimination.
Perc Vol: 26
Perc Index: 33115
503.06000 – Blacklisting; Hire; Refusal to Recommend
Charging party failed to show he was eligible for state employment by complying with application process for any state job. Charging party’s claim that he was eligible for reinstatement rejected where he failed to show he was ever an employee of the State.
502.01000 – In General
Where there is no support in the charge to suggest that charging party ever was a civil service employee and charging party failed to establish he was a bona fide applicant for any state job, failure to establish eligibility for state service precludes a finding of harm by any refusal to consider an application for state employment or reinstatement.