Substantial Motivating Factor Test

News & Analysis as of

Lack of Actual Knowledge of a Need for a Religious Accommodation is Not a Defense to a Religious Bias Suit

On June 1, 2015, the U.S. Supreme Court ruled in favor of the Equal Employment Opportunity Commission (EEOC) in a religious bias suit involving an unsuccessful Muslim job applicant who was rejected because her headscarf did...more

The Price is Wrong: California Court OKs a New Trial in Game Show Model’s Pregnancy Bias Case

Cochran v. FremantleMedia North America, Inc., No. B247541 (December 11, 2014): In a recent unpublished ruling, the California Court of Appeal affirmed a trial court’s order granting a new trial in a case brought by a game...more

California Appellate Court Holds Substantial Motivating Factor Required In Wrongful Termination Case

Mendoza v. Western Medical Center Santa Ana, G047394 (January 14, 2014): A California Court of Appeal recently held that a retrial is necessary in the case of a gay nurse who was fired after his employer investigated his...more

California Employment Law Notes - November 2013

Employer Was Entitled To "Substantial Motivating Factor" Jury Instruction - Alamo v. Practice Mgmt. Info. Corp., 219 Cal. App. 4th 466 (2013) - In one of the first appellate opinions to consider the new jury...more

California Appellate Court Finds Employees Must Show Discrimination Was A “Substantial Motivating Factor”

Alamo v. Practice Management Information Corp., No. B230909 (September 5, 2013): In Alamo, a former employee who was fired upon her return from maternity leave brought a lawsuit for pregnancy discrimination in violation of...more

New Trial To Determine Whether Pregnancy Leave Was “Substantial Motivating Reason” For Termination Upon Return

Following the California Supreme Court’s guidance in Harris v. City of Santa Monica (February 2013 FEB) that an employment action is illegal only where bias is a “substantial motivating factor” for the action, a California...more

Weekly Law Resume: Plaintiff in FEHA Discrimination or Retaliation Claim Must Prove by Preponderance of the Evidence That...

Lorena Alamo v. Practice Management Information Corporation - California Court of Appeal, Second Appellate District (August 21, 2013)- Following the termination of her employment, Lorena Alamo (“Alamo”), a billing...more

After Brief Confusion, Certainty Restored: Sexual Harassment Need Not Be Motivated By Sexual Desire

By signing Senate Bill (SB) 292 into law, California Governor Jerry Brown memorialized the seemingly non-controversial proposition that sexual harassment plaintiffs suing under the Fair Employment and Housing Act (FEHA) are...more

California Amends Sexual Harassment Law

Governor Brown signed Senate Bill 292 this week, amending the Fair Employment and Housing Act to allow an employee claiming sexual harassment to prevail without having to show that the allegedly harassing conduct was...more

Supreme Court Applies “But-For” Standard To Title VII Retaliation Claims

Also on June 24, 2013, the Supreme Court addressed the standard courts should apply to determine whether an employer violates Title VII's anti-retaliation provision. Because of a statutory amendment in 1991, courts apply a...more

California Supreme Court Issues Mixed Decision in Mixed-Motive FEHA Employment Discrimination Case

The California Supreme Court's recent decision in a closely watched Fair Employment and Housing Act (FEHA) case should be of interest to employers around the country, even though — or perhaps because — it does not provide an...more

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