The state Supreme Court on Thursday split the proverbial baby in a highly watched mixed-motive employment case, ruling that a termination based on both discriminatory and legitimate reasons can trigger attorney fees and declaratory or injunctive relief but not damages, back pay or reinstatement.

In Harris v. City of Santa Monica, employers had argued that they shouldn’t be held liable unless workers could show that they wouldn’t have been fired "but for" discrimination. But in a 6-0 ruling, the high court said that if discrimination was a "substantial" factor in a worker’s termination, an employer shouldn’t escape all liability, even if the firing was tied to legitimate shortcomings.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]