California employment case index

A former SpaceX employee who lived and worked in Redmond, Washington filed a FEHA complaint in California, and SpaceX refused to answer the Civil Rights Department's investigatory subpoena on the ground that FEHA stops at the state line. The Second District affirmed the order compelling compliance, and in the published portion of its opinion it did two things that matter to every multistate employer and every remote worker. It separated the question of what California connections trigger FEHA's investigatory provisions from the question of what connections trigger its substantive ones, observing that the potential for conflict with other sovereigns is far less when the Department investigates than when it enjoins, so that it is at least conceivable that fewer connections are required to open an investigation than to impose liability. And it refused to read Kearney, or the Tidewater-Sullivan-Ward-Oman wage-and-hour line, as laying down any categorical rule that California's employment laws never protect a worker outside the state, leaving Campbell v. Arco Marine intact but confined to a record in which the California connections were already settled. The court did not hold that FEHA reaches this employee; it held that SpaceX had not shown it cannot. Note that the opinion is published except as to part 2 of the Discussion, which may not be cited.

Reversing summary judgment for the UC Regents, the Second District mapped the post-Lawson landscape — Labor Code § 1102.6 governs § 1102.5 claims, Government Code § 8547.10(e) supplies the same framework for University of California whistleblowers, and McDonnell Douglas still governs Health and Safety Code § 1278.5 claims, under which Scheer's clause-by-clause dismantling of his termination letter raised a triable issue of pretext.

The after-acquired-evidence defence is raised in a large share of wrongful-termination cases and its effect is routinely mis-stated. It does not defeat liability. Under McKennon it limits the remedy — no reinstatement and no front pay as a general rule, with backpay running from the unlawful discharge to the date the employer actually discovered the wrongdoing — and under Salas v. Sierra Chemical Co. the same is true in California of both after-acquired evidence and unclean hands, neither of which is a complete defence to a FEHA claim. This analysis fixes the cut-off date, sets out what the employer must prove to earn it, keeps Salas's immigration-status holding in its proper place as a separate federal overlay, and explains why Camp v. Jeffer, Mangels, Butler & Marmaro — the one California decision to produce a complete bar — now sits uneasily with Salas.