Decision 1924E – San Leandro Unified School District

SF-CE-2589-E

Decision Date: October 1, 2007

Decision Type: PERB Decision

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Perc Vol: 31
Perc Index: 150

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

To demonstrate a violation of EERA section 3543.5(a), the charging party must show that: (l) the employee exercised rights under EERA; (2) the employer had knowledge of the exercise of those rights; and (3) the employer imposed or threatened to impose reprisals, discriminated or threatened to discriminate, or otherwise interfered with, restrained or coerced the employees because of the exercise of those rights. Thus, in order to establish a prima facie case, the charging party must demonstrate a “nexus” between the adverse action and the protected conduct.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.14000 – Other/In General

In order to establish a prima facie case for discrimination, the charging party must demonstrate a “nexus” between the adverse action and the protected conduct.