Decision 2838E – Santa Ana Unified School District
Decision Date: October 17, 2022
Decision Type: PERB Decision (Non-Precedential)
Description: Charging Party Christine L. Felicijan alleged that Santa Ana Unified School District refused to consult with her to develop an accommodation plan, as required by the District’s Administrative Regulation 4032 (AR 4032), in retaliation for Felicijan’s EERA-protected activities. Following a hearing on the merits, the ALJ dismissed the complaint on the grounds that PERB lacks jurisdiction over the reasonable accommodation process as set forth in the Americans With Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA). Felicijan filed exceptions to the proposed decision.
Disposition: In a non-precedential decision the Board found that PERB has jurisdiction over the narrow question of whether the District refused to consult with Felicijan as required by AR 4032 in retaliation for her EERA-protected activities. However, the Board affirmed the dismissal of the complaint because Felicijan had failed to prove by a preponderance of the evidence that the District had refused to consult with her as required by AR 4032 and because the record lacked evidence demonstrating retaliatory animus.
Perc Vol: 47
Perc Index: 73