ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Table 2 displays the extent to which each employment action was litigated from 1981 to
2010. Demotion was the smallest sampling present in the analysis with only four cases litigated,
a meager 3% of the sample. It is worth noting that there were other cases that identified demotion
in the proceedings but the final argument waged over one of the other four actions. Suspensions
constituted 4% of the case volume, with five cases identified. Much like demotions, suspensions
were noted at times in litigation that progressed to a more severe action. Non-renewals were the
first major source of adverse actions, with 24 (19%) cases from the 30-year period. Of the 24
non-renewal cases, almost half (11) occurred during the 1980s. There were 44 litigated cases for
termination, making up 35% of the case sampling. Finally, reassignment was the largest group of
adverse actions litigated. Forty-eight cases (38%) were argued over the reassignment of school
administrators to other positions. It is important for the reader to understand that reassignments
where administrators were moved to lower ranking administrative positions or teaching positions
were not considered demotions unless the administrator claimed demotion in the legal
proceedings.
Table 2
Identifying Information--Adverse Action Count
Case Year State Action PP
Benson v. Bellevue School Dist. 1985 WA D SPLIT
McFall v. Madera Unified School Dist. 1990 CA D S
Hobdy v. Los Angeles Unified School Dist. 2010 CA D S
Herbert v. City of New York 2010 NY D SPLIT
Logan, v. Warren Co. Bd. of Educ. 1982 GA NR S
Taylor v. Berberian 1983 NY NR S
Dalton City Bd. of Educ. v. Smith 1986 GA NR S
Lewis v. Harrison School Dist. No. 1 1986 AR NR E
O’Dea v. School Dist. 1986 NY NR S
Litky v. Winchester School Dist. 1987 NH NR E
Housley v. North Panola Consol. School Dist., 1987 MS NR S
(table continues)
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