Amend sections 12940 and 12965 of the Government Code, relating to employment.
Summary
In Harris v. City of Santa Monica the high court specified that an employee must prove that unlawful discrimination is a “substantial factor” motivating adverse employment action, but did not provide detail relevant to that requirement. SB 655 would codify a definition of “substantial factor” for “mixed motive” cases that is consistent with other high court precedent offering such detail. This bill would also confirm availability of FEHA remedies intended to compensate for the harmful effects of experiencing discrimination and to deter inappropriate employer conduct.
Status
In Committee process
Our Position: Support
This legislation will reaffirm the state’s strong public policy commitment to workplace success and fairness. “Mixed motive” FEHA discrimination cases raise unique issues of rights and remedies, which need to be addressed thoughtfully in order to preserve California’s strong interest in fostering workplace fairness, while also protecting legitimate employer interests.