HARRIS v. CITY OF SANTA MONICA

No. S181004.

56 Cal.4th 203 (2013)

152 Cal. Rptr. 3d 392

294 P.3d 49

WYNONA HARRIS, Plaintiff and Respondent, v. CITY OF SANTA MONICA, Defendant and Appellant.

Supreme Court of California.

February 7, 2013.


Attorney(s) appearing for the Case

Marsha Jones Moutrie , City Attorney, Joseph Lawrence , Assistant City Attorney, Barbara C. Greenstein , Carol Ann Rohr , Jeanette Schachtner , Anthony P. Serritella and Meishya Yang , Deputy City Attorneys, for Defendant and Appellant.

Law Offices of Steven Drapkin, Steven Drapkin ; Paul, Hastings, Janofsky & Walker, Paul W. Cane, Jr. , Katherine C. Huibonhoa and Elizabeth MacGregor for California Employment Law Council and Employers Group as Amici Curiae on behalf of Defendant and Appellant.

Melanie Poturica and Morin I. Jacob for League of California Cities and California State Association of Counties as Amici Curiae on behalf of Defendant and Appellant.

The deRubertis Law Firm, David M. deRubertis , Michael H. Leb , Kimberly Y. Higgins ; Kokozian & Nourmand, The Nourmand Law Firm, Michael Nourmand ; Pine & Pine, Norman Pine and Beverly Pine for Plaintiff and Respondent.

Joseph Grodin , Denise Hulett , Claudia Center , Sharon Terman and Tamika Butler for Legal Aid Society-Employment Law Center, American Civil Liberties Union of Northern California, ACLU Foundation of Southern California, American Civil Liberties Union of San Diego and Imperial Counties, California Women's Law Center, Disability Rights Advocates, Disability Rights California, Disability Rights Education and Defense Fund, Inc., Disability Rights Legal Center, Equal Rights Advocates, Impact Fund, Lambda Legal Defense and Education Fund Inc., Mexican American Legal Defense and Education Fund, National Center for Lesbian Rights and Women's Employment Rights Clinic of Golden Gate University School of Law as Amici Curiae on behalf of Plaintiff and Respondent.

Charlotte E. Fishman ; Law Office of David J. Duchrow and David Duchrow for California Employment Lawyers Association as Amicus Curiae on behalf of Plaintiff and Respondent.


OPINION

LIU, J.

A bus driver alleged that she was fired by the City of Santa Monica (the City) because of her pregnancy in violation of the prohibition on sex discrimination in the California Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.). The City claimed that she had been fired for poor job performance. At trial, the City asked the court to instruct the jury...

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