Decision 1520E – Contra Costa Community College District
SF-CE-2292-E
Decision Date: May 8, 2003
Decision Type: PERB Decision
Description: The Board reversed the dismissal of the unfair practice charge, which alleged that the District discriminated against charging party for protected activity.
Disposition: Reversed. Direct evidence of discrimination sufficient to establish required nexus. Complaint ordered issued.
Perc Vol: 27
Perc Index: 69
Decision Headnotes
300.17000 – Other
Employee’s statement that he was not unsympathetic to faculty members organizing a no confidence vote is a statement of support of faculty members protesting management practices on matters within scope and therefore protected activity.
504.14000 – Other/In General
PERB has long recognized that direct evidence of discriminatory intent – the proverbial “smoking gun” – is rarely possible. Accordingly, the Board has held that circumstantial evidence of discriminatory intent may be sufficient to establish the required nexus.
300.15000 – Speech
Employee’s statement that he was not unsympathetic to faculty members organizing a no confidence vote is a statement of support of faculty members protesting management practices on matters within scope and therefore protected activity.
504.12000 – Employer Statements or Conduct; Threats
It is axiomatic that the purpose of the employment interview is to elicit information from a candidate in order to make a hiring decision. The Board holds that when an employer asks an interviewee whether he or she is sympathetic to other employees exercising their rights under EERA, it creates a strong inference of discrimination and may constitute direct evidence of discrimination, thus, the requirement of nexus is satisfied for purposes of establishing a prima facie case.