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3657 REVIEW DENIED Although burdens of producing evidence shift in a claim for employment discrimination and retaliatory harassment, the ultimate burden of persuading the trier of fact that defendant intentionally discriminated against plaintiff remains at all times with plaintiff, so after the employee establishes a prima facie case of discrimination and the employer offers a legitimate non-discriminatory reason for the adverse employment action, any presumption of discrimination falls away, and plaintiff is required to show by a preponderance of evidence that the employment action was the result of discrimination; an employer who successfully defends an action under FEHA is entitled to litigation costs even without a finding that plaintiff's action was frivolous.CitationPEREZ v COUNTY OF SANTA CLARA (Shifting Burdens) 111 CA4 671 [See: GovC 12940 etseq, 12965(b); CCP 1032(b); McDonnell Douglas v Green 411 US 792; Guz v Bechtel 24 C4 317, T/AT 11/01, Cummings v Benco 11 CA4 1383, T/AT 3/93; Christiansburg v EEOC 434 US 412]
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