Nejadian v. County of Los Angeles

To prevail on a claim for a violation of Labor Code §1102.5(c), the plaintiff must identify both the specific activity and the specific statute, rule, or regulation at issue; the court must then determine the legal question whether the identified activity would result in a violation or noncompliance with the identified statute, rule, or regulation, and, if so, the jury must determine the factual issue whether the plaintiff was retaliated against for refusing to participate in the identified activity. A trial court erred in instructing a jury that a worker could establish he was subjected to an adverse employment action for purposes of the Fair Employment and Housing Act even if no violation of FEHA was committed.

Nejadian v. County of Los Angeles - filed Oct. 1, 2019, Second District, Div. Four

Cite as 2019 S.O.S. 2929

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