Casey v. Foothill-De Anza Community College Dist.
Foothill-De Anza Community College District (the District) laid off Maria Casey from her position as Special Assistant to the President of Foothill College because of lack of work or funds. Shortly after Casey’s layoff, she applied to the District for the position of Web and Print Communications Design Coordinator (Web Coordinator). The District hired an outside applicant to fill that position. Casey sought a writ of mandate from the trial court ordering the District to offer her the Web Coordinator position on the theory that the District had failed to carry out its ministerial duty under Education Code section 88117, subdivision (a)(1) to give reemployment preference to previously laid off employees over new applicants. The District responded that section 88117, subdivision (a)(1)’s reemployment preference did not apply to Casey’s application for Web Coordinator, as that position would have been a promotion for her.
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