Reduction In Force Case Study
Your district must implement a Reduction in Force (RIF) based on declining enrollment and budget cuts. You have recommended a list of teachers from your school to the superintendent. One of the teachers on the list had previously filed an EEOC suit against you alleging discrimination regarding a department chair’s position that she was not awarded. You know that she will allege retaliation as the basis for her layoff.
Discussion Questions
1. How do you counter her charge?
a. I counter her charge of retaliation being this basis of her layoff by presenting documentation showing she would have been laid off due to a Reduction in Force regardless of the suit she filed against me.
2. What data do you need to justify your recommendation?
a. I
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Should you allow her to retain employment based on the previous EEOC suit?
a. Title VII of the Civil Rights act protects against retaliation against an individual who filed a discrimination charge, but it is not absolute. In order for an employee to succeed on a claim of retaliation they must show they engaged in protected activity, adverse employment actions were taken, and there was a causal connection between the employment action taken and the protected activity. If I can show her dismissal had no underlying connection to the protected activity I am not bound by law to retain her employment.
b. In Jennings v. Tinley Park Comm. Consol. School District the courts denied her claim of retaliatory discharge the reason being mutual trust and confidence between Procunier and Jennings were essential to the proper functioning of the workplace and Jennings’ discharge was based upon a loss of trust and confidence by Procunier, which was reasonable under the circumstances.
4. How do you legally defend your recommendation?
a. In order for me to legally defend my recommendation, I have to show her recommendation for dismissal had no underlying connection to the protected activity and it is reasonable under the circumstances. This could be done by providing proof that a reduction in force was needed; as well as, data showing she was the best choice for the
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