Governor Reinforces Mixed Motive Win For Employers In FEHA Cases


Earlier this year, in Harris v. City of Santa Monica, the California Supreme Court gave employers an unexpected win when it approved of the “mixed motive” theory of proof. As a result, in discrimination cases under the Fair Employment and Housing Act, an employer could defeat an employee’s claim for damages if it can show that it would have terminated the employee anyway. At the time, we predicted that the Legislature was bound to try to overturn Harris.

And so it was.  In mid-September, the Legislature passed Senate Bill 655, which would have effectively reversed the holding in Harris.  

But, in a stunning turn, Governor Jerry Brown vetoed the Bill, virtually ensuring that it will not become law.  The Governor did not issue a statement about his reasons for vetoing this Bill, but it is one of dozens of bills passed by the Democrat-controlled Legislature that he vetoed in the last few weeks.

Topics:  Discrimination, Employer Liability Issues, FEHA, Harris v City of Santa Monica, Mixed Motive Cases, Termination

Published In: Civil Rights Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Hirschfeld Kraemer LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »