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Substantial Motivating Factor Test Termination

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

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

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

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

Fenwick & West LLP

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

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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

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