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California High Court Rules On Jury Instruction In FEHA Mixed-Motive Suit

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SAN FRANCISCO - Under California's Fair Employment and Housing Act (FEHA), when a jury finds that unlawful discrimination was a substantial factor in the termination of an employee but the employer shows that the same decision would have been made absent such discrimination, a court may not award damages, back pay or an order of reinstatement but may award declaratory or injunctive relief and reasonable attorney fees and costs, the California Supreme Court ruled Feb. 7 (Wynona Harris v. City...(read more)

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