EMPLOYER DISCRIMINATION; DISCRIMINATION – In General; Elements of Prima Facie Case
Single Topic for Decision 2566C
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501.01000 – In General; Elements of Prima Facie Case
A prima facie case is established under Campbell Municipal Employees Association v. City of Campbell (1982) 131 Cal.App.3d 416 by “discrimination in its simplest form,” i.e., employer conduct that is facially or inherently discriminatory, such that the employer’s unlawful motive can be inferred without specific evidence. Under this standard, allegations that an employer has treated two groups of employees differently are neither necessary nor sufficient, disapproving State of California (Department of Personnel Administration) (2011) PERB Decision No. 2106a-S.