Monthly Archives: February 2013

THE CALIFORNIA SUPREME COURT FINDS THE MIXED MOTIVE DEFENSE BARS EMPLOYEES FROM DAMAGES, BACK PAY, OR AN ORDER OF REINSTATEMENT

No longer can plaintiffs collect damages simply by showing discrimination was a factor in an employer’s decision to fire them. Even if evidence of discriminatory motive exists, an employer can prevent plaintiff from recovering damages, back pay, or an order of reinstatement if the employer proves that it would have terminated plaintiff for a legitimate non-discriminatory reason. Importantly however, this “mixed motive” defense is not a complete bar to liability because a plaintiff can still obtain declaratory or injunctive relief, and in certain situations, attorneys’ fees. Therefore, rather than fall back on the mixed motive defense, employers should ensure workplace procedures comply with California law, that management is properly trained in the implementation of such procedures, and that employment decisions are consistent with these policies.

Posted in Newsletter Archives

Suzanne K. Roten Named Partner at Brown Law Group

Brown Law Group, a leading San Diego business litigation boutique law firm, has named attorney Suzanne K. Roten as partner.  Ms. Roten, who has more than 22 years of legal experience, joins founder Janice Brown and partner Stacy Fode as the third partner in the law firm.  Brown Law Group also recently added Meagan Garland […]

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