Decision 1560E – Coast Community College District

LA-CE-4309-E

Decision Date: December 5, 2003

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 22

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications

District’s contention that employee was suspended for potential violent behavior is inconsistent with the seventeen-day delay between the incident and that District’s imposition of the suspension and initiation of an investigation.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.08000 – Cursory Investigation

District’s failure to examine employee’s role in submission of incomplete report despite its insistence that employee committed misconduct constituted a cursory investigation supporting an inference of discrimination.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.07000 – Offensive Personal Characteristics

Employee’s failure to peacefully coexist with other employees, refusal to comply with the chain of command, and refusal to accept supervision sufficiently supported District’s defense that it would have taken adverse action against the employee even absent any protected activity.