New Case Alert: California Supreme Court Decides Important Discrimination Case

Carlsbad, California – February 7, 2013.  The California Supreme Court has published its opinion in the case of Harris v. Santa Monica.  The case arose over the alleged firing of a bus driver because of her pregnancy – a violation of the Fair Employment and Housing Act (FEHA).  The City claimed that the firing was due to poor performance.  At trial, the court refused to allow a jury instruction suggesting that if the jury found there was a mix of discriminatory and legitimate motives, that the City could avoid liability since the legitimate motive would have led to the termination anyway.

On appeal, the rejection of the instruction was found to be erroneous and the Supreme Court agreed.  The Supreme Court held that when a jury determines unlawful discrimination was a substantial factor motivating a termination, and when the employer proves it would have made the same decision absent discrimination, a court may not award damages, backpay or reinstatement.  The plaintiff may, however, recover attorneys fees, costs, and possible injunctive or declaratory relief.

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