Supreme Court of California

Judgment overturning damages verdict is affirmed, where: 1) under the California FEHA, when a plaintiff has shown by a preponderance of the evidence that discrimination was a substantial factor motivating his or her termination, the employer is entitled to demonstrate that legitimate, nondiscriminatory reasons would have led it to make the same decision at the time; 2) if the employer proves by a preponderance of the evidence that it would have made the same decision for lawful reasons, then the plaintiff cannot be awarded damages, backpay, or reinstatement; but 3) plaintiff may be entitled to declaratory or injunctive relief to stop discriminatory practices, or reasonable attorney's fees and costs; and 4) the jury must be instructed the same.

Appellate Information

• Decided 02/07/2013
• Published 02/07/2013

Judges

• LIU

Court

• Supreme Court of California

Counsel