Decision 2647E – Los Angeles Unified School District

LA-CE-5847-E

Decision Date: June 12, 2019

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 43
Perc Index: 197

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

When a school district involuntarily displaces teachers in connection with its decision to create a magnet school, the Board will evaluate the district’s motivations under the traditional test for discrimination set out in Novato Unified School District (1982) PERB Decision No. 210.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities

Involuntary displacement from former teaching position resulting from magnet school conversion constitutes an adverse action under EERA.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.01000 – In General

The degree to which evidence constitutes persuasive support for an employer’s affirmative defense necessarily changes with the nature of the adverse action itself. Thus, depending on the quality of the prima facie case, uncorroborated testimony from a single witness is unlikely to be persuasive in the context of a termination premised on a pattern of misconduct. On the other hand, such testimony could well suffice to justify a written warning. Since this case arises from a unique, non-disciplinary displacement of numerous employees, it is necessary to contextualize these decisions before evaluating the persuasiveness of the District’s evidence in support of its non-discriminatory motivations.