News & Analysis as of

Back Pay Discrimination Reinstatement

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Holds That Proof That Employer Would Have Made Same Employment Decision Absent Discrimination Precludes...

On February 7, 2013, the California Supreme Court held that where a plaintiff proves that unlawful discrimination in violation of the Fair Employment and Housing Act ("FEHA") was a substantial factor motivating her...more

Fisher Phillips

California Supreme Court's "Mixed Motive" Ruling May Have Major Impact on Fair Employment and Housing Claims

Fisher Phillips on

On February 7, 2013 the California Supreme Court, in a unanimous decision, affirmed that backpay and reinstatement are not available remedies for a plaintiff under the Fair Employment and Housing Act (“FEHA”) when an employer...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Rejects Damages, Back Pay, And Reinstatement Where Employer Proves Legitimate Mixed-Motive

On February 7, 2013, the California Supreme Court issued a long-awaited decision on whether the “mixed-motive” defense applies to employment discrimination claims under the California Fair Employment and Housing Act (FEHA)....more

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