EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Timing of Action
Single Topic for Decision 2376E
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504.04000 – Timing of Action
That the timing of the adverse action in relation to the protected activity coincides with a statutory timeline for layoff under the Education Code does not mean that timing cannot be considered in the determination of unlawful motive; if that were the case, anytime a statutory layoff procedure is used as the mechanism by which to carry out a retaliatory dismissal, PERB would be precluded from considering timing as evidence of unlawful motive.