Decision 1538E – Berkeley Unified School District
Decision Date: June 24, 2003
Decision Type: PERB Decision
Perc Vol: 27
Perc Index: 95
504.02000 – Disparate Treatment
Disparate treatment, or the lack thereof, is helpful as circumstantial evidence of intent. However, where direct evidence of intent exists, circumstantial evidence of intent, or the lack thereof, is not necessary to establish a prima facie case.
504.12000 – Employer Statements or Conduct; Threats
District’s statement that it took the alleged adverse action, “because the Union had filed a grievance . . .” provides a direct link between the filing of the grievance and the alleged adverse action. Thus, charging party has established the requisite “nexus” in order to establish a prima facie case.