EMPLOYER DISCRIMINATION; ADVERSE ACTIONS – Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Single Topic for Decision 1298E
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503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Where employer offers employee choice between two objectively adverse transfers, employer has taken adverse action against employee; p. 29, proposed dec. Transfer from high school to elementary school was objectively adverse because of longer commute; p. 29, proposed dec. Transfer from high school to continuation school assignment outside of teacher's credential was objectively adverse; Education Code section 44865 requires a teacher to consent to such a transfer because of the danger of critical evaluation for a teacher teaching outside his/her credential (California Teachers Ass'n v. Governing Board (1983) 141 Cal.App.3d 606); p. 29, proposed dec.