California Supreme Court Rules in Favor of Employers on Retaliation Claims The California Supreme Court held this year in Harris v. City of Santa Monica (2013) 56 Cal.4th 203 that a plaintiff alleging retaliation under FEHA must prove such retaliation was a “substantial factor” in the adverse employment action. Pursuant to the Harris ruling, despite an employee’s showing that an unlawful discrimination was a “substantial motivating factor” in the adverse employment action, if an employer can demonstrate that it would have made the decision to terminate an employee for a legitimate reason, it can avoid liability for monetary damages, though it may still be liable for declaratory or injunctive relief. In today’s employment world, claims for discrimination and retaliation are commonplace and almost every employer can expect to be the subject of a claim at some point. Rulings such as this help employers defend against such action and place them on stronger footing in the face of the rising levels of claims. Understanding the rules governing employers, avoiding the pitfalls, and ensuring compliance can save an employer time and money wasted on employment litigation.
Posted on: Fri, 22 Nov 2013 03:53:20 +0000
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