ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

There was a case upswing beginning in 2000 and carried on throughout 2010. More like
the 1980s, 45 cases (36% of case sampling) were litigated during the period. The adverse actions
argued in this decade were demotions (2), non-renewals (9), reassignments (12), suspensions (2),
and terminations (20).
During the 2000s, a few significant trends developed in litigation. Of all discrimination
claims made by administrators in the research study, 82% occurred during the 2000s.
Furthermore, almost half (21/43) of all failed leadership claims by school systems were made
during the 2000s. Also, 50% (10/20) of all interpersonal strife claims in the study appeared in the
2000s. Two other areas where a majority of cases appeared were upstanding behavior (4/5 total
in the study) and First Amendment protection claims (13/19 in the study).
Trends--School Action Issues
Reduction in force. From the 125 cases explicated, 24 cases from 1981-2010 were
litigated where reduction in force was cited as the impetus for the adverse action. Within those
claims, administrators argued that the adverse action spawning from the reduction in force was
improper because of failure to maintain salary (2 claims), improper “bumping” (3), statutory
violations (4), act was arbitrary and/or capricious (5), procedural mistakes (4), reassignment to
an improper position (3), tenure protection (1), and breach of contract (2).
District realignment. From the 125 cases explicated, 14 cases identified district
realignment as a central cause for the adverse employment action. Nine of these 14 cases also
cited reduction in force as another school action spurring litigation. The school administrators
adversely affected cited seven failures of the school system that made the employment action
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