Decision 1555E – San Jose Unified School District
Decision Date: November 10, 2003
Decision Type: PERB Decision
Description: Charge alleged that union activist was laid off because of protected activities. Board found that charge established prima facie case of discrimination.
Disposition: Board reversed dismissal and remanded case for issuance of complaint.
Perc Vol: 28
Perc Index: 12
504.03000 – Departure from Past Practices or Procedures
Allegation that District departed from established seniority system in determining layoff order is a factor establishing nexus.
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
District targeted for layoff “Programmer III” positions but not “Lead Programmer III” positions on the grounds that the two positions perform different duties. Allegation that both positions in fact perform identical functions established that District’s justification was false and supported a finding of nexus.