EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Departure from Past Practices or Procedures

Single Topic for Decision 2221E


View all topics for Decision 2221E

Full Decision Text (click on the link to view): Full Text

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.03000 – Departure from Past Practices or Procedures

* * * OVERRULED IN PART ON OTHER GROUNDS by Bellflower Unified School District (2017) PERB Order No. Ad-447. * * *

Although retired teacher status was an explicit qualification for the support provider positions in the Beginning Teacher Support and Assessment (BTSA) Induction Program pursuant to the BTSA guidelines, the school district removed this qualification in its vacancy notice, opening the hiring process to school district employees only, thereby disqualifying charging party from the selection process; this departure from past practice constituted circumstantial evidence of unlawful motive.