June 2022 - Parks & Recreation - 31

trict for terminating her, instead
of putting her on a Performance
Improvement Plan. In so doing,
Plaintiff pointed to a Park District
policy, which provided: " whenever
possible, to resolve disciplinary
and/or performance issues by use
of verbal, written or other forms of
coaching and/or counseling. " According
to the court, " the absence
of progressive discipline, such as
warnings to the employee about
poor performance, can support a
finding of pretext, " but " the employer
must fail to follow its own
internal procedures. "
In this particular case, the court
noted " the Park District did, in
fact,
use
progressive
discipline
with Plaintiff, " including " verbal,
written or other forms of coaching
and/or counseling at least four
times with Plaintiff. " Further, the
federal district
court found the
Park District followed its own personnel
policy:
The Park District's personnel
policy states... " a non-exhaustive
list of conduct and/or performance
issues that may result
in disciplinary action by the
District, up to and including dismissal, "
the policy manual lists
" incompetence,
ineffectiveness,
inefficiency or wastefulness in the
performance of assigned duties
and responsibilities " and " failure
or refusal to carry out instructions,
acts of insubordination,
willful disregard of orders. "
Accordingly, pursuant to this
Park District's policy, in the opinion
of the court, " terminating
Plaintiff for continuing poor performance
was within the field of
play. "
The federal district court, therefore,
granted the Park District's
motion for summary judgment
effectively dismissing
Plaintiff's
ADEA age discrimination claim.
SEE ALSO: Age Discrimination
Claim by Beach Patrol Chief
(tinyurl.com/48z7c5za), James C.
Kozlowski, Parks & Recreation, Nov.
2016, Vol. 50, Iss. 11.
James C. Kozlowski, J.D., Ph.D., is an Attorney and Associate
Professor in the School of Sport, Recreation, and Tourism
Management at George Mason University (jkozlows@gmu.
edu). Webpage link to an archive of articles (1982 to present):
mason.gmu.edu/~jkozlows/lawarts/artlist.htm.
From registrations to POS to reporting to payments, Vermont Systems offers
seamless technology that empowers your team to deliver exceptional experiences
and insights to drive your organization forward.
Events and
Classes
Sports and
Leagues
Facilities and
Equipment
Shops and
Concessions
Mobile
Solutions
Payment
Processing
Advanced
Reporting
Make parks and recreation management a walk in the park.
Discover smart and unexpected ways you can address staffing challenges:
PARK S ANDRECRE AT ION . OR G | JUNE 2 0 22 | Parks & Recreation
31

http://www.tinyurl.com/48z7c5za http://mason.gmu.edu/~jkozlows/lawarts/artlist.htm

June 2022 - Parks & Recreation

Table of Contents for the Digital Edition of June 2022 - Parks & Recreation

June 2022 - Parks & Recreation - Intro
June 2022 - Parks & Recreation - Cover1
June 2022 - Parks & Recreation - Cover2
June 2022 - Parks & Recreation - 1
June 2022 - Parks & Recreation - 2
June 2022 - Parks & Recreation - 3
June 2022 - Parks & Recreation - 4
June 2022 - Parks & Recreation - 5
June 2022 - Parks & Recreation - 6
June 2022 - Parks & Recreation - 7
June 2022 - Parks & Recreation - 8
June 2022 - Parks & Recreation - 9
June 2022 - Parks & Recreation - 10
June 2022 - Parks & Recreation - 11
June 2022 - Parks & Recreation - 12
June 2022 - Parks & Recreation - 13
June 2022 - Parks & Recreation - 14
June 2022 - Parks & Recreation - 15
June 2022 - Parks & Recreation - 16
June 2022 - Parks & Recreation - 17
June 2022 - Parks & Recreation - 18
June 2022 - Parks & Recreation - 19
June 2022 - Parks & Recreation - 20
June 2022 - Parks & Recreation - 21
June 2022 - Parks & Recreation - 22
June 2022 - Parks & Recreation - 23
June 2022 - Parks & Recreation - 24
June 2022 - Parks & Recreation - 25
June 2022 - Parks & Recreation - 26
June 2022 - Parks & Recreation - 27
June 2022 - Parks & Recreation - 28
June 2022 - Parks & Recreation - 29
June 2022 - Parks & Recreation - 30
June 2022 - Parks & Recreation - 31
June 2022 - Parks & Recreation - 32
June 2022 - Parks & Recreation - 33
June 2022 - Parks & Recreation - 34
June 2022 - Parks & Recreation - 35
June 2022 - Parks & Recreation - 36
June 2022 - Parks & Recreation - 37
June 2022 - Parks & Recreation - 38
June 2022 - Parks & Recreation - 39
June 2022 - Parks & Recreation - 40
June 2022 - Parks & Recreation - 41
June 2022 - Parks & Recreation - 42
June 2022 - Parks & Recreation - 43
June 2022 - Parks & Recreation - 44
June 2022 - Parks & Recreation - 45
June 2022 - Parks & Recreation - 46
June 2022 - Parks & Recreation - 47
June 2022 - Parks & Recreation - 48
June 2022 - Parks & Recreation - 49
June 2022 - Parks & Recreation - 50
June 2022 - Parks & Recreation - 51
June 2022 - Parks & Recreation - 52
June 2022 - Parks & Recreation - 53
June 2022 - Parks & Recreation - 54
June 2022 - Parks & Recreation - 55
June 2022 - Parks & Recreation - 56
June 2022 - Parks & Recreation - Cover3
June 2022 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
https://www.nxtbookmedia.com