ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

affecting them improper. Those claimed failures were position disparity following reassignment
(1 case), improper reduction in force procedures (4), tenure protections (3), seniority errors (1),
act was arbitrary and/or capricious (2), due process violations (3), and breach of contract (1).
Constructive discharges. From the 125 cases explicated, adversely affected
administrators claimed that the school system constructively discharged them from their rightful
position six times. Of the claims, the administrators asserted four different issues that supported
their constructive discharge claim: denial of pay raises for performance (1 case), demotion (1),
First Amendment retaliations (2), and reassignments (2).
Discrimination. From the 125 cases explicated, administrators claimed that school
systems took employment action based on discrimination in 11 cases. Those claims were spread
among racial discrimination (7 claims) and gender discrimination (3 claims). One other claim
was posited for discrimination based on being a recovering alcoholic.
Trends--Employee Action Issues
Failed leadership. From the 125 cases explicated, failed leadership was an unstated
reason derived from the behaviors that the school systems cited as cause for the employment
action levied against school administrators. Forty-one cases, or 33% of the entire data sample,
were categorized as failed leadership. Some cases were identified with multiple behaviors; the
behaviors that attributed to the failed leadership classification were negligence, which was
identified in 14 cases (14), unsatisfactory performance (14), interpersonal strife (14),
insubordination (7), and incompetence (6). Moreover, all adverse employment actions were
417