California Court of Appeal

Summary judgment in favor of defendant-employer in plaintiff's action alleging wrongful discharge on the basis of race and ethnic origin, breach of contract, retaliation and harassment, and other torts, is affirmed, where: 1) after-acquired expert evidence that there were no adverse consequences from an employee’s failure to perform does not create a triable issue of fact on the question whether the employee failed to perform his or her job duties and thus has limited relevance, if any, to the question of discrimination; and 2) here, plaintiff told defendant that her failure to prepare an Affirmative Action Plan could have adverse consequences, including the loss of federal grants; and 3) expert evidence that the failure of performance did not harm defendant, acquired years after plaintiff was terminated, did not create a triable issue of material fact on the question whether defendant's stated reasons for terminating plaintiff were untrue or pretextual such that a reasonable trier of fact could conclude that the employer engaged in discrimination.

Appellate Information

• Decided 05/28/2014
• Published 05/28/2014

Judges

• MARQUEZ

Court

• California Court of Appeal

Counsel