ELA Founder and CEO and Hirschfeld Kraemer LLP Partner Stephen J. Hirschfeld was quoted on Law360 in the article “Calif. Firing Motive Ruling Could Deflate Worker Suits.” The piece details the impact of the California Supreme Court’s decision in the pregnancy discrimination case Wynona Harris v. City of Santa Monica (S181004).
In the ruling, the court found that employers cannot be held liable for damages when discrimination is a factor in a termination of an employee if a nondiscriminatory, legitimate and legal reason also existed. Employers who successfully present this “mixed-motive” defense do not have to pay damages or back pay or reinstate an employee. However, said employee could still be entitled to declaratory or injunctive relief as well as reimbursement of legal fees.
Hirschfeld offered these thoughts on the case’s importance:
This is absolutely a significant win for California employers. This decision will force plaintiffs lawyers to think hard before bringing frivolous cases or even ones with some bad facts where the employer has solid evidence demonstrating that a termination decision was ultimately made for legitimate reasons….It’s important because it should make it easier for employers to prevail at trial and therefore should significantly lower plaintiffs lawyers’ expectations for the settlement of these cases and how these cases are valued.
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