EMPLOYER DISCRIMINATION; DEFENSES – Legitimate Business Purpose/Business Necessity

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A probationary teacher engaged in a personal attack on his principal and her administration after he learned that he would not be reelected, and his decisions to express his personal grievances in a memo and at faculty and leadership committee meetings do not merit protected status under EERA. The District met its burden and demonstrated that it would have placed a teacher on administrative leave even if he had not engaged in protected activity, as he was perceived as a safety threat to other faculty members.