Decision 2869E – South Orange County Community College District
LA-CE-6579-E
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Decision Type: PERB Decision (Non-Precedential)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Disposition: In a non-precedential decision, the Board affirmed the ALJ’s decision to dismiss the complaint and underlying charge.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.