EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Cursory Investigation

Single Topic for Decision 2450E

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A District investigation of employee misconduct provides a reasonable basis to infer animus when it fails to attach all relevant written complaints and interview notes to the summary of allegations given to an employee when the employee had specifically requested that he be given all evidence against him, despite the District’s excuse that it did not want to overwhelm employees with too much information. A District official’s cursory interview of charging party’s students who liked charging party without including any record of these positive comments in the investigation materials provided to charging party suggests an investigation focused on corroborating complaints rather than disproving them.