EMPLOYER DISCRIMINATION; DEFENSES – Legitimate Business Purpose/Business Necessity

Single Topic for Decision 2376E

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School district’s proffered affirmative defense that school nurses would have been laid off for budgetary reasons even if the absence of protected activity was not supported by the weight of the evidence; given that the school district was required by the state to provide health services for the care of children and the cost savings from the proposed alternate health services delivery option was presented to the school board without costing out the elements and comparing it to the existing system, the school district’s proffered budgetary reason for the layoffs was determined to be not honestly invoked nor the true reason for the layoffs when weighed against the evidence of retaliatory motive.