CASE PROCESSING PROCEDURES; CHARGE – In General/Prima Facie Case
Single Topic for Decision 1983M
Full Decision Text (click on the link to view): Full Text
1100.01000 – In General/Prima Facie Case
In order to establish a prima facie case for discrimination or retaliation under the MMBA, the charging party must show that: (1) the employee exercised rights under MMBA; (2) the employer had knowledge of the exercise of those rights; (3) the employer took adverse action against the employee; and (4) the employer took the action because of the exercise of those rights. The unfair practice charge failed to state a prima facie case of discrimination or retaliation because the facts alleged were insufficient to establish a nexus between the alleged adverse action and the employee’s protected conduct.