EMPLOYER DISCRIMINATION; DEFENSES – In General
Single Topic for Decision 2683E
Full Decision Text (click on the link to view): Full Text
505.01000 – In General
In analyzing “mixed motive” case, Board affirmed ALJ’s finding that school district established its affirmative defense that it would have proposed to reassign teacher to another school and assigned her to a “do nothing” position whether or not she had participated in protected activities. There was sufficient evidence that the school district was at least partially motivated by unlawful animus to find that the teacher’s protected activity contributed to the school district’s actions. However, the evidence demonstrated that the “unprecedented nature and volume” of parent and student complaints about the teacher’s work performance was the predominant motivation for the transfer and assignment to the “do nothing” position, thereby leading the Board to conclude that teacher’s protected conduct was not a but-for cause of the school district’s adverse actions.