Decision 1538E – Berkeley Unified School District

SF-CE-2295-E

Decision Date: June 24, 2003

Decision Type: PERB Decision

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Perc Vol: 27
Perc Index: 95

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.