EMPLOYER DISCRIMINATION; DEFENSES – Legitimate Business Purpose/Business Necessity

Single Topic for Decision 1375E

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The preponderance of the evidence also shows that the employee would have been refused summer school employment regardless of any protected activity, because the District had a policy against selecting temporary and/or emergency credentialed teachers. Even assuming the burden of proof shifted to the District, the preponderance of the evidence shows that the employee would have been refused a contract for the math/science position regardless of any protected activity, because the District's credentialing specialist determined that she did not qualify for the position. Termination letter citing Charging party's actions as unprofessional and which finds charging party's out bursts, intimidating letters, and demands to meet does not provide evidence of nexus. Passing reference to union falls far short of furnishing evidence that employee's union contacts (or her attempts to represent herself) were the District's true motive for terminating her employment.