EMPLOYER DISCRIMINATION; ADVERSE ACTIONS – In General

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503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Vacated by PERB Decision No. 1826-S. Charging party, a peace officer, alleged that employer-initiated criminal and administrative investigations constitute adverse actions. To determine whether adverse action is established, the Board uses an objective test and does not rely upon the subjective reactions of employees. Here, employer accused charging party of fraud. As a peace officer, charging party is held to a higher standard of conduct. Honesty and credibility are crucial to the proper performance of a peace officer’s duties and dishonesty is generally never tolerated. A trier of fact could easily conclude that charging party’s career was damaged by the mere initiation of a criminal investigation for fraud.