Supreme Court To Determine Availability Of Mixed-Motive Defense For Employers

By: Morin I. Jacob
California Public Agency Labor & Employment Blog, February 15, 2011

Harris v. City of Santa Monica is currently pending before the California Supreme Court. It is unclear at this point when a decision will be handed down, but we are closely monitoring the case and will continue to do so. Oral arguments have not been held yet.

In Harris, plaintiff disclosed to her supervisor that she was pregnant before she was terminated but while she was still on probation as a new hire. After she was terminated she sued the City and alleged that she was fired for discriminatory reasons; i.e., because she was pregnant. The City's position was that she was terminated for poor performance.

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