EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – No reason or Inconsistent Reasons Given; Shifting Justifications

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The District acted with an unlawful motive when it issued a teacher a notice of non-reelection on the same day that the teacher delivered the minutes of a controversial committee meeting to his principal; this timing coupled with the District's inconsistent justifications for its decision sufficiently state a prima facied case of retaliation. The District’s shifting justifications for its adverse actions against a probationary teacher were evidence of retaliation. In stark contrast to its justifications at the time of the adverse action, at hearing the District emphasized the inappropriate nature of a silent reading prompt as a key ground for its decision to non-reelect the teacher. decision sufficiently state a prima facie case of retaliation.