EMPLOYER DISCRIMINATION; DISCRIMINATION – In General; Elements of Prima Facie Case
Single Topic for Decision 2603M
Full Decision Text (click on the link to view): Full Text
501.01000 – In General; Elements of Prima Facie Case
If an employer has engaged in conduct that is facially or inherently discriminatory, i.e., discrimination in its simplest form, the employer’s unlawful motive can be inferred without specific evidence. The employer bears the burden of justifying such conduct by coming forward with a legitimate business justification. On the other hand, if the employer’s conduct is not facially or inherently discriminatory, the charging party must prove the employer’s unlawful motive under Novato Unified School District (1982) PERB Decision No. 210.