Answer question 4

VydCase Questions cry where A 2011, Wed met win Some of the actions, comedian 1 h | | | | | | | od s prevodom Dype the info the dem 12. 2012. According 1 od bisher The more of his clases danpol mange penge to adre men of Spanish speaking a Vega hus oy alleged that classes with the best pro allegato D. Pleading of Retaliation dewasa sewa because of his Claims fond en die more ing for his clones and there we experienced material increase is most welcom teen years of Aspen class pass that cadanie policy das yer the de intent" can be an ahene emploi Vepa for complaining of discrimination because it is diepte has a mere incumetience or an alteratie of job opery Vega hos allegations plauibly states a claim of retaliate thus planity alleged as an employment in Fiestach of these could well CONCLUSION pinaca BOO Second, Vege has also plantly leged that the sense reable worker from making or supporting We of discrimination. We The woment of ccate that he did com achete de is that is Hiponketnicity wasanaething factor in the wally higher number of chronically been det er Defendants' ctice for at the postep thely cher in the school with the employee decisions. He comes that he was wel very well have adversely impacted Vega, both by mal a dising the Complaint is the Large protage of Shaking aderes because he is his teaching asignments more difficult and by making stated here VACATE RESNDE Hispanic and while his co more difficult for him to achieve good results. Les the proceedings consistent with this apie tions of discrimination even if they do not independently for sick leave the failure of the District to come w were assigned additional work. Vegas cher alleged the wrongful deduction of $718.92 from his poche coste adverse employment actions.powderelevant emr in full, and the failure of the District to come background ander" by shading light on Defendend's crror even in purt for six months surely could have had tivation and the beer his claim that Defendants med hverse impact on Vega. Similarly, failing to modify ve Cortezano v. Salin Bank & Trust Company Cose 3 him differently because of his ethnicity See TRR of a curriculum change could have venely and 680 F 3d 936 (7th Circuit, 2012) A Corpo Foresample, the hity for emple, making him appear unprepared District placed thivesity of Puerto Rico hertside ineffective both to his students and for his upco Kriti Coreana a United States the his com empted to runder him to a Hispune eacher evaluation, as he would have been preparing for without legal within While played by Sali Bk & Trust Conner principal's school. These are play connected to and teaching the wrong curriculum Vegas Hispank background and the provide in opening a bankcount. She told her players of her salaries and Viewed in the context of his other allegations al basis for inferring discrimination Veg has the plus plausible that the Ders 92 failure to notify Vepad sequently fired. Corterano lile with her former er under Title VII, alleging that the Wy alleged that is Hispank background waving the curriculumchange was part of their per discriminated because of her husband nation. Her chim was rejected as the factor contributing to his being des found that my discrimination that led to Conte's firing was the on her husband's me ination and retaliation designed to make Vega national origin but his status as in locumented in allenge Finally, of course, a poor performance evaluation very well deler a reasonable worker from complaining Wood, CJ. The District may contend that Vepa wassigned a di proportionate number of Spanish speaking students solely wcted activity by Vege. His assigment of de Second, each of these actions closely followed because of his language ability and not because of his H. punk background, but these competing plants are wortly before the art of the school yewly the 2011/2012 school year," must have to make better evaluated at the summary Jayment super beyond a filed his initial charge with the EOC on Kristi Corterano filed salt ainst herformeeply me of the discount Swin Bank & Trust Company, alleging nationalariga tank' tion for my parentinin Accordingly, the Complaie plany pleads under both his class in November of 2011, within the 2011. Similarly, the District changed the curricular discrimination based on her marriage to Javier Coretailed westlich hat her firing washed Tule VII and 180 Degendwie dier wined pale his initial filong with the BOC. The District Cano, a Mexican citizen showe presence in the theme. Kroppeals. We find States was unauthorized. (We use the couple finnes crimination that led Kiwi firing was actions that can be perceived as retaliation? 4. Does the School District have either a bona fide occu- pational qualification (BFOQ) or a legitimate non- discriminatory reason (LNDR) for requiring Vega to teach the bilingual classes? Would it matter if Vega were the only teacher in the school with the appropri- ate language skills to teach these students? Would this case come out differently if three Spanish-speaking white teachers with less tenure than Vega were not required to teach any bilingual classes? Vogaby assigning him, on or after the time bat dates, classes that required additional preparation became 362 Part Two Mew Disinin Elon ad pre ad Ve fil be SC no sil Ve Nin to do twice as much work and that he was assigned ity by filing a charge of discrimination with the ELOC salary was temporarily reduced, he was not notified the 2011/2012 school year, must have been made shortly before the start of the school year-shortly af 2011. Similarly, the District changed the curriculum for Title VII and $ 1983 that Defendants discriminated against his initial filing with the EEOC. The District made the his class in November of 2011, within three months of so, assigned him a disproportionate workload. None of Vega's other claims plausibly state a claim on their own. had large numbers of Spanish-speaking students but they help create context for his discrimination claim. Veya has plausibly alleged that his assignment to classes with increased numbers of Spanish-speaking st. dents was an "adverse employment action" taken because D. Pleading of Retaliation of his Hispanic ethnicity. First, Vega alleges that he was Claims forced to spend disproportionately more time prepar ing for his classes and therefore experienced a material increase in his responsibilities without additional com pensation. He contends that these assignments required Here, Vega alleges that after he engaged in protected a class preparations on a basis that exceed "District policy." August 2011, he was assigned more students with exce) App, at 11. We have previously held that the assignment sive absenteeism records (jumping from 2015 to 754) of an excessive workload as a result of "discriminatory intent." Feingold, can be an adverse employment action the curriculum for one of his classes was changed, and te because it is more disruptive than a mere inconvenience received a negative performance evaluation. Each of the or an alteration of job responsibilities." Terry. Vega has allegations plausibly states a claim of retaliation thus plausibly alleged an adverse employment action. First, each of these actions "could well dissuade Second, Vega has also plausibly alleged that the adverse reasonable worker from making or supporting a chur action was taken "because of his Hispanic ethnicity, that of discrimination." White. The assignment of a subst is, that his Hispanic ethnicity was a motivating factor in the tially higher number of chronically absent students could employment decisions. He contends that he was assigned a very well have adversely impacted Vega, both by making large percentage of Spanish-speaking students because he is his teaching assignments more difficult and by making it Hispanic and bilingual, while his similarly situated co-work more difficult for him to achieve good results. Likewise, ers were not assigned additional work. Vega's other allega the wrongful deduction of $738.92 from his payched tions of discrimination, even if they do not independently for sick leave, the failure of the District to correct the constitute adverse employment actions, provide relevant error in full, and the failure of the District to correct the background evidence" by shedding light on Defendant's error even in part for six months surely could have had a motivation and thus bolster his claim that Defendants treated adverse impact on Vega. Similarly, failing to notify Vega him differently because of his ethnicity. See Narl R.R of a curriculum change could have adversely affected Passenger Corp: Washington Davis. For example, the him by, for example, making him appear unprepared or District placed a "University of Puerto Rico banner outside ineffective both to his students and for his upcoming his classroom and attempted to transfer him to a Hispanic teacher evaluation, as he would have been preparing for principal's school. These actions are plausibly connected to and teaching the wrong curriculum. Vega's Hispanic background and therefore provide a contex- tual basis for inferring discrimination. Vega has thus plausi plausible that the District's 92 failure to notify Vega of Viewed in the context of his other allegations, it bly alleged that his Hispanic background was a "motivating factor" contributing to his being assigned extra work. the curriculum change was part of their pattern of discrie ination and retaliation designed to make Vega look bol Finally, of course, a poor performance evaluation could The District may contend that Vega was assigned a dis- very well deter a reasonable worker from complaining proportionate number of Spanish-speaking students solely Second, each of these actions closely followed pro because of his language ability, and not because of his His- tected activity by Vega. His assignment of classes *** panic background, but these competing explanations are better evaluated at the summary judgment stage or beyond, and not on a motion for judgment on the pleadings. he filed his initial charge with the EEOC on Accordingly, the Complaint plausibly pleads under both w DC SO th TO w Kr Sa dis August St errorcous sick leave deduction from Vega's pay check Case Quest on March 2, 2012, just two months after Vega filed an addendum to his EEOC complaint on January 4, 2012, providing greater detail about his previous claims and adding new allegations of discrimination and retaliation. Vega received his poor teacher evaluation (from Artiles) sons stated above, we VACATE and REMAND for fur- ther proceedings consistent with this opinion. Chapter Sever in February 2013, approximately two months after he filed his pro se complaint in the action below, on Decem- ber 12, 2012. According to Vega, this was his first nega- tive evaluation in sixteen years of teaching at the High School. Hence, the Complaint plausibly alleges a tempo- ral proximity for each of these actions. Some of these actions, considered individually, might not amount to much. Taken together, however, they plau- sibly paint a mosaic of retaliation and an intent to punish Vega for complaining of discrimination. 1. Who has to pro an employee? obligation? 2. What are the show to make think the "moti for discriminati 3. Are employers claims of disco has been made strued as retalia an employer a retaliation? CONCLUSION We conclude that the district court erred in granting Defendants' motion for judgment on the pleadings in full and dismissing the Complaint in its entirety. For the rea- 4. Does the Schod pational qualif discriminatory teach the bilin were the only t ate language sk case come out white teachers required to tea- Case 3 Cortezano v. Salin Bank & Trust 680 F. 3d 936 (7th Circuit, 2012) to a Mexican citi VydCase Questions cry where A 2011, Wed met win Some of the actions, comedian 1 h | | | | | | | od s prevodom Dype the info the dem 12. 2012. According 1 od bisher The more of his clases danpol mange penge to adre men of Spanish speaking a Vega hus oy alleged that classes with the best pro allegato D. Pleading of Retaliation dewasa sewa because of his Claims fond en die more ing for his clones and there we experienced material increase is most welcom teen years of Aspen class pass that cadanie policy das yer the de intent" can be an ahene emploi Vepa for complaining of discrimination because it is diepte has a mere incumetience or an alteratie of job opery Vega hos allegations plauibly states a claim of retaliate thus planity alleged as an employment in Fiestach of these could well CONCLUSION pinaca BOO Second, Vege has also plantly leged that the sense reable worker from making or supporting We of discrimination. We The woment of ccate that he did com achete de is that is Hiponketnicity wasanaething factor in the wally higher number of chronically been det er Defendants' ctice for at the postep thely cher in the school with the employee decisions. He comes that he was wel very well have adversely impacted Vega, both by mal a dising the Complaint is the Large protage of Shaking aderes because he is his teaching asignments more difficult and by making stated here VACATE RESNDE Hispanic and while his co more difficult for him to achieve good results. Les the proceedings consistent with this apie tions of discrimination even if they do not independently for sick leave the failure of the District to come w were assigned additional work. Vegas cher alleged the wrongful deduction of $718.92 from his poche coste adverse employment actions.powderelevant emr in full, and the failure of the District to come background ander" by shading light on Defendend's crror even in purt for six months surely could have had tivation and the beer his claim that Defendants med hverse impact on Vega. Similarly, failing to modify ve Cortezano v. Salin Bank & Trust Company Cose 3 him differently because of his ethnicity See TRR of a curriculum change could have venely and 680 F 3d 936 (7th Circuit, 2012) A Corpo Foresample, the hity for emple, making him appear unprepared District placed thivesity of Puerto Rico hertside ineffective both to his students and for his upco Kriti Coreana a United States the his com empted to runder him to a Hispune eacher evaluation, as he would have been preparing for without legal within While played by Sali Bk & Trust Conner principal's school. These are play connected to and teaching the wrong curriculum Vegas Hispank background and the provide in opening a bankcount. She told her players of her salaries and Viewed in the context of his other allegations al basis for inferring discrimination Veg has the plus plausible that the Ders 92 failure to notify Vepad sequently fired. Corterano lile with her former er under Title VII, alleging that the Wy alleged that is Hispank background waving the curriculumchange was part of their per discriminated because of her husband nation. Her chim was rejected as the factor contributing to his being des found that my discrimination that led to Conte's firing was the on her husband's me ination and retaliation designed to make Vega national origin but his status as in locumented in allenge Finally, of course, a poor performance evaluation very well deler a reasonable worker from complaining Wood, CJ. The District may contend that Vepa wassigned a di proportionate number of Spanish speaking students solely wcted activity by Vege. His assigment of de Second, each of these actions closely followed because of his language ability and not because of his H. punk background, but these competing plants are wortly before the art of the school yewly the 2011/2012 school year," must have to make better evaluated at the summary Jayment super beyond a filed his initial charge with the EOC on Kristi Corterano filed salt ainst herformeeply me of the discount Swin Bank & Trust Company, alleging nationalariga tank' tion for my parentinin Accordingly, the Complaie plany pleads under both his class in November of 2011, within the 2011. Similarly, the District changed the curricular discrimination based on her marriage to Javier Coretailed westlich hat her firing washed Tule VII and 180 Degendwie dier wined pale his initial filong with the BOC. The District Cano, a Mexican citizen showe presence in the theme. Kroppeals. We find States was unauthorized. (We use the couple finnes crimination that led Kiwi firing was actions that can be perceived as retaliation? 4. Does the School District have either a bona fide occu- pational qualification (BFOQ) or a legitimate non- discriminatory reason (LNDR) for requiring Vega to teach the bilingual classes? Would it matter if Vega were the only teacher in the school with the appropri- ate language skills to teach these students? Would this case come out differently if three Spanish-speaking white teachers with less tenure than Vega were not required to teach any bilingual classes? Vogaby assigning him, on or after the time bat dates, classes that required additional preparation became 362 Part Two Mew Disinin Elon ad pre ad Ve fil be SC no sil Ve Nin to do twice as much work and that he was assigned ity by filing a charge of discrimination with the ELOC salary was temporarily reduced, he was not notified the 2011/2012 school year, must have been made shortly before the start of the school year-shortly af 2011. Similarly, the District changed the curriculum for Title VII and $ 1983 that Defendants discriminated against his initial filing with the EEOC. The District made the his class in November of 2011, within three months of so, assigned him a disproportionate workload. None of Vega's other claims plausibly state a claim on their own. had large numbers of Spanish-speaking students but they help create context for his discrimination claim. Veya has plausibly alleged that his assignment to classes with increased numbers of Spanish-speaking st. dents was an "adverse employment action" taken because D. Pleading of Retaliation of his Hispanic ethnicity. First, Vega alleges that he was Claims forced to spend disproportionately more time prepar ing for his classes and therefore experienced a material increase in his responsibilities without additional com pensation. He contends that these assignments required Here, Vega alleges that after he engaged in protected a class preparations on a basis that exceed "District policy." August 2011, he was assigned more students with exce) App, at 11. We have previously held that the assignment sive absenteeism records (jumping from 2015 to 754) of an excessive workload as a result of "discriminatory intent." Feingold, can be an adverse employment action the curriculum for one of his classes was changed, and te because it is more disruptive than a mere inconvenience received a negative performance evaluation. Each of the or an alteration of job responsibilities." Terry. Vega has allegations plausibly states a claim of retaliation thus plausibly alleged an adverse employment action. First, each of these actions "could well dissuade Second, Vega has also plausibly alleged that the adverse reasonable worker from making or supporting a chur action was taken "because of his Hispanic ethnicity, that of discrimination." White. The assignment of a subst is, that his Hispanic ethnicity was a motivating factor in the tially higher number of chronically absent students could employment decisions. He contends that he was assigned a very well have adversely impacted Vega, both by making large percentage of Spanish-speaking students because he is his teaching assignments more difficult and by making it Hispanic and bilingual, while his similarly situated co-work more difficult for him to achieve good results. Likewise, ers were not assigned additional work. Vega's other allega the wrongful deduction of $738.92 from his payched tions of discrimination, even if they do not independently for sick leave, the failure of the District to correct the constitute adverse employment actions, provide relevant error in full, and the failure of the District to correct the background evidence" by shedding light on Defendant's error even in part for six months surely could have had a motivation and thus bolster his claim that Defendants treated adverse impact on Vega. Similarly, failing to notify Vega him differently because of his ethnicity. See Narl R.R of a curriculum change could have adversely affected Passenger Corp: Washington Davis. For example, the him by, for example, making him appear unprepared or District placed a "University of Puerto Rico banner outside ineffective both to his students and for his upcoming his classroom and attempted to transfer him to a Hispanic teacher evaluation, as he would have been preparing for principal's school. These actions are plausibly connected to and teaching the wrong curriculum. Vega's Hispanic background and therefore provide a contex- tual basis for inferring discrimination. Vega has thus plausi plausible that the District's 92 failure to notify Vega of Viewed in the context of his other allegations, it bly alleged that his Hispanic background was a "motivating factor" contributing to his being assigned extra work. the curriculum change was part of their pattern of discrie ination and retaliation designed to make Vega look bol Finally, of course, a poor performance evaluation could The District may contend that Vega was assigned a dis- very well deter a reasonable worker from complaining proportionate number of Spanish-speaking students solely Second, each of these actions closely followed pro because of his language ability, and not because of his His- tected activity by Vega. His assignment of classes *** panic background, but these competing explanations are better evaluated at the summary judgment stage or beyond, and not on a motion for judgment on the pleadings. he filed his initial charge with the EEOC on Accordingly, the Complaint plausibly pleads under both w DC SO th TO w Kr Sa dis August St errorcous sick leave deduction from Vega's pay check Case Quest on March 2, 2012, just two months after Vega filed an addendum to his EEOC complaint on January 4, 2012, providing greater detail about his previous claims and adding new allegations of discrimination and retaliation. Vega received his poor teacher evaluation (from Artiles) sons stated above, we VACATE and REMAND for fur- ther proceedings consistent with this opinion. Chapter Sever in February 2013, approximately two months after he filed his pro se complaint in the action below, on Decem- ber 12, 2012. According to Vega, this was his first nega- tive evaluation in sixteen years of teaching at the High School. Hence, the Complaint plausibly alleges a tempo- ral proximity for each of these actions. Some of these actions, considered individually, might not amount to much. Taken together, however, they plau- sibly paint a mosaic of retaliation and an intent to punish Vega for complaining of discrimination. 1. Who has to pro an employee? obligation? 2. What are the show to make think the "moti for discriminati 3. Are employers claims of disco has been made strued as retalia an employer a retaliation? CONCLUSION We conclude that the district court erred in granting Defendants' motion for judgment on the pleadings in full and dismissing the Complaint in its entirety. For the rea- 4. Does the Schod pational qualif discriminatory teach the bilin were the only t ate language sk case come out white teachers required to tea- Case 3 Cortezano v. Salin Bank & Trust 680 F. 3d 936 (7th Circuit, 2012) to a Mexican citi