EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Other/In General

Single Topic for Decision 2458E

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Discriminatory motivation may be shown when District official’s evaluation comments indicate similar performance shortcomings both before and after she engaged in protected activity, yet the ratings that the official gave her dropped precipitously after her protected conduct. It is reasonable to infer that the District would not have ordered charging party to participate in consecutive performance evaluations in the absence of the District official’s hostility towards charging party’s protected conduct. Removing an evaluation from charging party’s file after investigating her complaint did not retroactively diminish its substantial compliance with Education Code section 44664 for that school year.