ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Trends--Identifying Information
3. What were the trends that were observed in court cases concerning adverse
employment actions against school administrators, in the years of 1981 through 2010?
From a case data standpoint, the research study revealed a number of trends from 1981
through 1989. Almost half of the case sample, 61 cases, was litigated on the grounds of adverse
employment actions against school administrators during the 1980s. The adverse actions argued
in this decade were demotions (1), non-renewals (11), reassignments (30), suspensions (2), and
terminations (17).
From an issues standpoint, the trend made evident during the 1980s was the amount of
reduction in force litigation that occurred. Of all reduction in forces cases in the research study,
71% (17/24) were encapsulated in this decade. In keeping with reduction in force cases and
clearly related was the fact that 71% of all claims in the study against district realignment (10/14)
occurred during the 1980s. Moreover, 42% (17/41 cases) of all due process claims appeared
during the 1980s. Another important note to be taken from this decade was that there were only 4
First Amendment protection claims, despite a total of 19 in the research study.
From 1990 through 1993 and 1995 through 1998 (no adverse employment action cases
were located in 1994 or 1999), only 19 adverse employment action cases (15% of case sampling)
were adjudicated. The adverse actions argued in this decade were demotions (1), non-renewals
(4), reassignments (6), suspensions (1), and terminations (7).
From an issues standpoint, the 1990s, due to the low case volume, did not show a
significant number of trends. However, administrators, once again, asserted due process
protection more than any other point than the 1980s. Moreover, there were also more tenure
protection claims in this decade with 7 of the 12 total or 58% being espoused here.
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