EMPLOYER DISCRIMINATION; DEFENSES – Inefficiency or Incompetence

Single Topic for Decision 1561E

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Mere lack of good cause for non-reelection of employees does not, by itself, support an inference of unlawful animus. District was within its rights to establish a policy of granting tenure only to those teachers receiving superior performance ratings, as opposed to merely satisfactory ones. Accordingly, District established that it would have not reelected the employees even absent any protected activity.