EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Disparate Treatment

Single Topic for Decision 2376E

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Disparate treatment found in fact that the school district notified the school board that the school nurses would not be available for work due to their attendance at layoff hearings, but did not take similar action with respect to the teachers or counselors who attended the hearings; further, commenting that the nurses’ concern for the students’ well-being was “regrettable,” while refraining from commenting negatively about the teachers and counselors, was further evidence that the nurses were being singled out.