Decision 1718E – Madera Unified School District

SA-CE-2236-E

Decision Date: November 30, 2004

Decision Type: PERB Decision

Description:  Employee alleged disparate treatment by employer.

Disposition:  No employer discrimination or disparate treatment where charging party failed to set forth facts showing disparate treatment.  Timing alone does not establish nexus between adverse action and protected activity.

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Perc Vol: 29
Perc Index: 24

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.02000 – Disparate Treatment

Charging party did not establish that she was treated in a disparate manner when she failed to set forth anything showing she had been treated differently than other teachers similarly situated (those with conflicts and/or interpersonal problems with other teachers even if without fault).

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

Timing alone does not establish nexus between adverse action and protected conduct. Although transfer of teachers was a few months after charging party filed grievance, problem related to transfer existed long before that time.