EMPLOYER DISCRIMINATION; DEFENSES – Other

Single Topic for Decision 2634E

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In analyzing “mixed motive” case, Board affirmed ALJ’s finding that school district established its affirmative defense that it would have taken adverse actions against teacher whether or not she had participated in protected activities. There was sufficient evidence of procedural irregularities by the school district to find that teacher’s protected activity contributed to the school district’s actions. However, there was also sufficient evidence that the school district had other, stronger motivations, thereby leading Board to conclude that teacher’s protected conduct was not a but-for cause of the school district’s actions.