Daily Labor Report®

Racially Insensitive Social Media Post Not Basis to Fire Teacher

Jan. 22, 2020, 8:43 PM

A California teacher must prevail in an employment dispute arising from his social media post that said the collective GPA of his classes improved on a day that immigrant students protested by not attending school, a California appeals court said.

Allen Umbarger’s post, and racially inappropriate comments made in the guise of jokes to two students, reflect “poor judgment and are unbefitting of a teacher,” the California Court of Appeal said in an unpublished decision.

But because evidence in the record could support a finding for Umbarger, the appeals court said it couldn’t disturb a trial court decision upholding an...

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