(DOWNLOAD) "Reeves V. Safeway Stores" by In the Court of Appeal of the State of California Sixth Appellate District * Book PDF Kindle ePub Free
eBook details
- Title: Reeves V. Safeway Stores
- Author : In the Court of Appeal of the State of California Sixth Appellate District
- Release Date : January 29, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 89 KB
Description
The Fair Employment and Housing Act, Government Code sections 12900 et seq. (FEHA), prohibits an employer from firing a worker in retaliation for the worker's complaining about incidents of sexual harassment in the workplace. (Gov. Code, § 12940, subds. (h), (j).) *fn1 An employer can defeat such a claim by showing that it acted not in response to the worker's complaints but for legitimate, nonretaliatory reasons. This case presents the question whether an employer may be liable for retaliatory discharge when the supervisor who initiates disciplinary proceedings acts with retaliatory animus, but the cause for discipline is separately investigated and the ultimate decision to discharge the plaintiff is made by a manager with no knowledge that the worker has engaged in protected activities. We hold that so long as the supervisor's retaliatory motive was an actuating, but-for cause of the dismissal, the employer may be liable for retaliatory discharge. Here the evidence raised triable issues as to the existence and effect of retaliatory motive on the part of the supervisor, and as to whether the manager and the intermediate investigator acted as tools or "cat's paws" for the supervisor, that is, instrumentalities by which his retaliatory animus was carried into effect to plaintiff's injury. We therefore reverse a summary judgment granted to the employer.
 "Reeves V. Safeway Stores" by In the Court of Appeal of the State of California Sixth Appellate District * Book PDF Kindle ePub Free){kind=link}