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California Supreme Court

Feb. 9, 2013

State high court OKs mixed-motives defense in discrimination cases

Employers can avoid economic and emotional distress liability in discrimination cases if they prove they would have taken the same action regardless of whether there was some discrimination, the court said.


By Emily Green


Daily Journal Staff Writer


Employers can avoid economic and emotional distress liability in discrimination cases if they prove they would have taken the same action regardless of whether there was some discrimination, the state Supreme Court ruled Thursday.


The unanimous decision, written by Justice Goodwin Liu, gives both plaintiffs and defense lawyers something to cheer about without handing either side a clear victory. Still...

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