Year-End Round-Up of Employment Cases Pending Before the Cal Supremes

The California Supreme Court rarely puts employers in the holiday spirit. But this year, amidst all the lumps of coal that employers could find in the Christmas stocking, there was one treat: Harris v. City of Santa Monica(2013) 56 Cal.4th 203.

In Harris, a unanimous high court held that a “same decision” defense applies to employment discrimination claims under the California Fair Employment and Housing Act (“FEHA”). This defense can apply where the employer’s decision was motivated by both discriminatory and non-discriminatory reasons. The employer can limit its liability by showing that the non-discriminatory reason, standing alone, would have caused the employer to make the same decision. The employer’s burden of proof is simply “preponderance of the evidence” and not “clear and convincing evidence.”

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