California employment case index

Reeves v. Sanderson Plumbing Products, Inc.A plaintiff’s prima facie case combined with sufficient evidence that the employer’s stated reason is false can, without more, sustain a finding of intentional discrimination.Reeves v. Sanderson Plumbing Products, Inc. (2000) 530 U.S. 133Parallel citations: 120 S.Ct. 2097; 147 L.Ed.2d 105. Supreme Court of the United States. Argued March 21, […]

Age discrimination in violation of the FEHA supports a common-law claim for wrongful discharge in violation of public policy. When a plaintiff relies on a statutory prohibition to support such a claim, the common-law claim is subject to the statute’s substantive limits (the nature and scope of the prohibition) but not…

Nine days after Fatmeh Badih told her employer — a physician with fewer than five employees — that she was pregnant, her last day was set; the DFEH would not even accept her complaint because the office was too small for the FEHA. Division One of the First District affirmed her wrongful-discharge verdict anyway, holding that pregnancy discrimination is a form of sex discrimination under article I, section 8 of the California Constitution, whose fundamental public policy against sex discrimination in employment binds every employer regardless of size. Jennings v. Marralle was distinguished, not disturbed: age has no constitutional anchor, but sex — and therefore pregnancy — does. Badih remains the pleading answer for pregnancy discharges at California's smallest workplaces.

In McKennon v. Nashville Banner Publishing Co. (1995) 513 U.S. 352, a 62-year-old secretary discharged in what the employer conceded for summary-judgment purposes was age discrimination admitted in deposition that she had copied confidential company documents during her final year. The lower courts held this after-acquired evidence barred all ADEA relief. A unanimous Supreme Court, per Justice Kennedy, reversed. Such evidence does not bar liability — the ADEA violation that prompted the discharge cannot be disregarded — but it bears on the remedy: as a general rule it forecloses reinstatement and front pay, and back pay runs only from the date of the unlawful discharge to the date the employer discovered the wrongdoing. And the employer must first prove the wrongdoing was so severe that it would in fact have discharged the employee on that ground alone.

General Dynamics Corp. v. Superior Court In-house counsel may sue for wrongful termination — both on an implied-in-fact contract theory and, within limits, a Tameny public-policy theory — even though a client may generally discharge its lawyer at will. General Dynamics Corp. v. Superior Court (1994) 7 Cal.4th 1164 Parallel citations: 876 P.2d 487; 32 […]

The discharge stated an actionable Tameny claim and was not preempted by the workers’-compensation law (id. at p. 1085). More durably, the court held that the public policy underpinning a Tameny claim must be “tethered to” specific constitutional or statutory provisions, not merely the court’s own notions of sound…

In Western Air Lines, Inc. v. Criswell (1985) 472 U.S. 400, the Supreme Court adopted the two-part age-BFOQ test for the Age Discrimination in Employment Act: the age limit must be reasonably necessary to the essence of the employer's business, and the employer must show either reasonable cause to believe that all or substantially all older workers cannot perform the job safely or that it is impossible or highly impractical to assess older employees individually. The Court rejected a deferential “rational basis” standard.