ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

In Williams v. Seattle School District No. 1, (1982 Wash.), numerous vice-principals
were reassigned to teacher roles, but they were denied “head teacher” positions that were hired
later. This position was very near to the vice-principal jobs that were terminated. However, the
schools succeeded in litigation because the “head teacher” roles did not carry some of the same
job duties or certifications. Therefore, this allowed schools to choose employees other than those
who had previously been employed as vice-principals. Like Williams, Breslin v. School
Community of Quincy (1985 Mass. App.) presented another case where administrators
mistakenly sought appointment to newly created administrative positions that were strikingly
similar to the previously employed ones. Once again, the schools succeeded because the courts
agreed that the positions were different from the former positions insomuch that in Breslin the
new positions were promotional and carried greater prestige. Thus, Breslin et al. were not
entitled to appointment in positions that were technically new and promotions over their
previously held positions. Finally, administrators did win in part one case where appointments to
newly created positions were contested, but it was a hollow victory. In State ex rel. Haak v.
Board of Education (1985 Minn.), Haak et al. contested that they should have been appointed to
newly created positions. Once again, the administrator’s argument was rebuffed by the school
system because the new positions were presented as higher ranking than the discontinued
positions. However, neither the school system nor the administrators succeeded on this
argument, for the case was remanded for further information gathering. From these cases, it is
clear that following a period of reduction in force an appointment to a newly created
administrative position is not guaranteed if the school system can show that the position is in
some way different either by requiring less or greater qualifications.
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