California Court of Appeal

Judgment entered in favor of plaintiff following a jury trial on plaintiff's causes of action for pregnancy discrimination and retaliation in violation of the California Fair Employment and Housing Act, (FEHA), and wrongful termination in violation of public policy, is reversed and remanded, where: 1) the trial court prejudicially erred in instructing the jury with the former versions of CACI Nos. 2430, 2500, 2505, and 2507 because the proper standard of causation in a FEHA discrimination or retaliation claim is not "a motivating reason," as used in the CACI instructions, but rather "a substantial motivating reason," as set forth in Harris v. City of Santa Monica (2013) 56 Cal.4th 203; but 2) defendant-employer was not entitled to an instruction on the mixed-motive or same-decision defense because it failed to plead that defense or any other affirmative defense alleging that it had a legitimate, non-discriminatory or non-retaliatory reason for its discharge decision in its answer.

Appellate Information

• Decided 09/05/2013
• Published 09/05/2013

Judges

• ZELON

Court

• California Court of Appeal

Counsel