EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Departure from Past Practices or Procedures
Single Topic for Decision 1331E
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504.03000 – Departure from Past Practices or Procedures
The District did not depart from established practice when it removed a substitute teacher from the District's substitute teacher list because he refused to answer questions regarding two serious complaints against him; p. 4, warning letter. The employer had provided specific reasons for the adverse action and did not provide vague and ambiguous reasons when it provided that "[the employee's] refusal to respond is an act of insubordination designed to circumvent the district's obligation and responsibility to conduct an investigation into allegations of wrongdoing"; p. 4., warning letter. A charge which fails to demonstrate the requisite nexus between the adverse action and the charging party's protected activities does not state a prima facie violation of the EERA; p. 5, warning letter.