Labor/Employment
Mar. 31, 2011
Treatment of Probationary Employees By Public Employers
Failure to inform a jury about the mixed-motive defense can deprive employers of their rights. By Morin I. Jacob of Liebert Cassidy Whitmore.
In Harris v. City of Santa Monica, the state Supreme Court will decide whether the "mixed motive defense" is available to employers defending against discrimination suits in state court. The plaintiff in Harris was terminated during her probationary period, a few days after she told her supervisor that she was pregnant. She sued the city, alleging that she was fired because she was pregnant. The employer argued that the t...
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