Standard of Causation in a FEHA Case is Whether the Protected Characteristics was a "Motivating Factor" in the Adverse Employment Action Rather than a "But For" Standard

October 18. 2012

Standard of Causation in a FEHA Case is Whether the Protected Characteristic was a "Motivating Factor" in the Adverse Employee Action Rather than a "But For" Standard

Alamo v. Practice Management Information Corporation - filed September 24, 2012, publication ordered October 18, 2012, Second District, Div. Seven
     Cite as B230909

Standard of causation in a job discrimination case under the Fair Employment and Housing Act is standard set forth in CACI Nos. 2430, 2500, 2505, 2507, and 2527--whether the protected characteristic was a motivating factor in the adverse employment action rather than a "but for" standard. Assuming that a "mixed motive" is a defense to a FEHA claim, trial court did not err in refusing to instruct on that defense where the only reasonable conclusions that could be derived from the evidence were that plaintiff was terminated solely due to pregnancy or that she was terminated solely for permissible reasons. Lack of specificity on verdict form as to whether jury found for plaintiff on her FEHA claim or her claim for termination in violation of public policy did not require reversal of FEHA attorney fee award, where defendant invited error by agreeing to a general verdict and because the common law claim was derivative of the statutory claim.

http://beverlyhillsemploymentlaw.com/