Harris v. City of Santa Monica

-Labor and Employment Law-

Under the Fair Employment and Housing Act, when a jury finds that unlawful discrimination was a substantial factor motivating a termination of employment, and when the employer proves it would have made the same decision absent such discrimination, a court may not award damages, backpay, or an order of reinstatement. In light of FEHA’s express purpose of not only redressing but also preventing and deterring unlawful discrimination in the workplace, a plaintiff who is found not entitled to monetary relief in a "mixed motive" case may still be awarded, where appropriate, declaratory relief or injunctive relief to stop discriminatory practices and may be eligible for reasonable attorney’s fees and costs.

     Harris v. City of Santa Monica - filed February 7, 2013

     Cite as S181004

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