California Court of Appeal

Summary judgment for defendant on plaintiff's employment discrimination claim is affirmed, where: 1) plaintiff did not establish a prima facie case of racial discrimination because the undisputed evidence shows that he was unqualified for the organizer position for which he was not hired; 2) the after-acquired evidence doctrine does not apply to bar consideration of plaintiff's criminal record and the federal law rendering him ineligible for the organizer position because it is relevant to the prima facie inquiry, not the employer's motive here; and 3) the appeal was not frivolous however, so defendant's request for sanctions is denied.

Appellate Information

• Decided 12/03/2013
• Published 12/03/2013

Judges

• REARDON

Court

• California Court of Appeal

Counsel