EMPLOYER DISCRIMINATION; ADVERSE ACTIONS – Warning Letters, Reprimands, Evaluations

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We treat the issue whether a consecutive annual evaluation of a permanent certificated employee is adverse as one of first impression. Requiring a consecutive year evaluation of a permanent employee treats the permanent employee as though she were probationary and simultaneously signals a performance deficiency requiring remediation and or termination. As to a permanent certificated employee subject normally to bi-annual evaluation under collectively-bargained procedures tracking Education Code sections 44660 et seq., a directive that the employee undergo a consecutive annual evaluation is the functional equivalent of an unsatisfactory evaluation, and thus adverse.