EMPLOYER DISCRIMINATION; DEFENSES – Inefficiency or Incompetence

Single Topic for Decision 1880E

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505.06000 – Inefficiency or Incompetence

The District was unable to show that it would have non-reelected a probationary teacher regardless of his participation in protected activities, because there were discrepancies in the formal and informal evaluation forms offered to support the District’s position. Despite some troubling questions surrounding a teacher’s grading practices, the Board held that the District failed to carry its burden in showing that it would have chosen to non-reelect him regardless of his engagement in protected activities, because there were glaring inconsistencies underlying the District's decision to non-reelect him.