Decision 2869E – South Orange County Community College District
Decision Date: August 23, 2023
Decision Type: PERB Decision (Non-Precedential)
Description: The complaint alleged that the South Orange County Community College District terminated Maria-Ester Nunez in retaliation for protected activities. An administrative law judge (ALJ) held a formal hearing and found in the District’s favor. The ALJ concluded that Nunez did not establish a prima facie case of discrimination, and even if she had established discrimination to be a substantial or motivating cause of the adverse action against her, this would be a dual motive case and the District proved its affirmative defense, viz., that it would have taken the exact same action even absent protected activity. Nunez timely filed exceptions.
Disposition: In a non-precedential decision, the Board affirmed the ALJ’s decision to dismiss the complaint and underlying charge. The Board found that although Nunez established a prima facie retaliation case, the District established its affirmative defense that it more likely than not would have terminated Nunez even if she had not engaged in protected activities.
Perc Vol: 48
Perc Index: 37