EMPLOYER DISCRIMINATION; DEFENSES – Legitimate Business Purpose/Business Necessity

Single Topic for Decision 2376E

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School district’s proffered affirmative defense that the existing health services delivery system required restructuring because of all the problems encountered by the school district in dealing with the school nurses on workplace issues was not supported by the weight of the evidence; given that the school district was informed that the best health services delivery option would be to maintain the status quo and that the very issues at the heart of the nurses’ protected activities were the same reasons cited by the school district in justifying the layoffs, the school district’s proffered restructuring reason for the layoffs was determined to be pre-textual and not the true reason for the layoffs.