Case Summary

5008 REVIEW GRANTED. Where a city employee who was terminated after she became pregnant brought an action under FEHA against the city, the city was entitled to a mixed-motive instruction informing the jury that it was not liable, even if it discriminated against the employee, if it had non-discriminatory reasons for terminating her that would have motivated it to make the same decision even if she were not pregnant.

HARRIS v CITY OF SANTA MONICA (Pregnant Bus Driver) 181 CA4 1094 REV GRTD [See Gov Code § 12940(a), § 12926(p); BAJI No. 12.26; Price Waterhouse v Hopkins 490 US 228]