Decision 2099I – Region 2 Court Interpreter Employment Relations Committee, et al.

SF-CE-7-I

Decision Date: February 25, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 53

Decision Headnotes

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

In order to establish a prima facie violation of the Court Interpreter Act section 71802(c)(3), the charging party must establish that: (1) an independent contractor was afforded lesser duties or more favorable working conditions than an employee interpreter was (or would have been) afforded; and (2) the employer applied the disparate treatment for the purpose of discouraging independent contractors from applying for pro tempore interpreter jobs. With regard to the second element, the charging party must show a substantial disparity in the duties or working conditions between employee interpreters and independent contractors, plus some other factual circumstances that suggest unlawful motive. Such facts may include, but are not limited to, the employer’s departure from established procedures and standards, evidence that the employer actively discouraged interpreters from applying for pro tempore employment, or other facts that might demonstrate the employer’s unlawful motive.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.01000 – In General

In the event a charging party establishes a prima facie violation of the Court Interpreter Act section 71802(c)(3) at a formal hearing, the employer will be afforded an opportunity to demonstrate that its disparate treatment was taken for a legitimate reason, notwithstanding evidence of unlawful motive.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.11000 – Legitimate Business Purpose/Business Necessity

In the event a charging party establishes a prima facie violation of the Court Interpreter Act section 71802(c)(3) at a formal hearing, the employer will be afforded an opportunity to demonstrate that its disparate treatment was taken for a legitimate reason, notwithstanding evidence of unlawful motive.