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Labor/Employment

Mar. 11, 2011

When Is Workplace Discrimination Unlawful?

An action should qualify as "discriminatory" if the main motivation behind it is unlawful.

Thomas L. Dorogi

Fax: (818) 297-1775

What is intentional discrimination?

Although this precise question was not the issue for which the state Supreme Court granted review in Harris v. City of Santa Monica, the high court will likely answer this question in determining whether or not the so-called "mixed motive" defense applies in California employment discrimination cases.

It is unclear how the application of the mixed motive defense will affect California employment law. Potentially, it could provide...

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