EMPLOYER DISCRIMINATION; DEFENSES – Legitimate Business Purpose/Business Necessity

Single Topic for Decision 1259E

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In case where the record is clear that the relationship between the employee and his supervisor has deteriorated significantly, the Board accepts the District's conclusion that transfer of said employee was in the best interest of the District's educational program; said transfer would have occurred regardless of the teacher's EERA protected activity and was not motivated by the District's desire to retaliate against the teacher for that activity; pp. 23-24.