ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

each of these cases, the school system lost in part to the employee because their basis for adverse
action was on protected speech.
However, in cases such as Housley v. North Panola Consolidated School District (1987
U.S. Dist.) and Peterson v. Unified School District (1989 U.S. Dist.), school administrators failed
to perform adequately due to interpersonal strife and or poor communication but did not cause an
overwhelming stir in the community and were simply let go at the expiration of their contract.
Non-renewal is a safe employment action for school systems but it is only viable when the
situation giving rise to the action is not overly harmful to the school or students.
The largest grouping of cases in Table 2 was classified as reassignments. Reassignment is
another soft measure of the school system to exercise an employment action without having to
bear the burden of proof as a termination proceeding may require.
Table 7
Identifying Information--Reassignments
Case Year State Action PP
Pasqua v. LaFourche Parish School Bd. 1981 LA R E
Thrash v .Bd. of Educ. School Dist. No. 189 1982 IL R S
Williams v. Seattle School Dist. No. 1 1982 WA R S
McManus v. Ind. School Dist. No. 625 1982 MN R E
Lomas v. Bd. of School Dir. of Northwestern Lehigh School 1982 PA R S
Dist.
Stafford v. Bd. of Educ. of Casey Co. 1982 KY R N/A
LaBelle v. San Francisco Unified School Dist. 1983 CA R S
Lyznicki, v. Bd. of Educ. School Dist. 167 1983 IL R S
Rossi v. Bd. of Educ. of City School Dist. of Utica 1983 NY R E
Pullum v. Smallridge 1983 TN R S
Osburn v. School Bd. 1984 FL R SPLIT
In re Appeal of Cowden 1984 PA R E
Philadelphia Assoc. of School Adm. v. School Dist. 1984 PA R S
Cowan v. Bd. of Educ. 1984 NY R E
Bell v. Bd. of Educ. 1984 NY R S
(table continues)
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