EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Timing of Action

Single Topic for Decision 2806E

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The Board found temporal proximity between employee’s critiques of senior District leaders at a January 9, 2018, Board of Education meeting and the District’s issuance of a January 22, 2018, Notice of Paid Administrative leave. Where the record offered no clear conclusions as to when the District received a parent complaint implicating employee’s data entry error and when the District began to research employee’s possible additional errors, the Board found that the ALJ’s conclusion was the correct one, i.e., that the District more likely than not decided to investigate employee after she spoke at the Board of Education meeting. (pp. 23-24.)