Decision 1707M – Alameda County Medical Center

SF-CE-78-M

Decision Date: November 16, 2004

Decision Type: PERB Decision

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Perc Vol: 29
Perc Index: 11

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

There was no showing of discipline because another employee who was habitually late was disciplined in the same manner as Flenoy.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

Although Flenoy provided evidence of timing, the Board agent found that the County consistently reprimanded her for her tardiness before she engaged in protected activity.)

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

The record showed that the County followed progressive discipline policies in issuing more than 10 warnings about tardiness and other performance problems, and offered consistent justification for her discipline.


504.14000 – Other/In General

The Board found that Flenoy failed to state a prima facie case of discrimination. Although it is clear that Flenoy engaged in protected activity and the County was aware of her activity, Flenoy failed to show a nexus between the adverse actions and her protected conduct