EMPLOYER DISCRIMINATION; PERSONS PROTECTED – Temporary, Extra, Part-Time, Casual, Seasonal, Intermittent or Probationary Employees

Single Topic for Decision 2479E

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Substitute employees are “at-will” under the Education Code and, as provided therein, subject to dismissal at any time; they are not entitled to Education Code due process procedures afforded permanent school employees; substitute employees are, however, “public school employees” with the meaning of EERA and, as provided therein, enjoy the same rights to form, join and participate in the activities of employee organizations of their own choosing as any other public school employee; the elements of a prima facie case remain the same, regardless of an employee’s at-will or similar status and regardless of the procedural protections to which the employee might be entitled to in a different forum.