California News

Feb 8, 2013 8:50 AM by ASSOCIATED PRESS

No back pay for bad workers in bias cases

SAN FRANCISCO (AP) - The California Supreme Court says poor performing workers won't get back pay even if discrimination plays a role in firings.

The Los Angeles Times ( ) says Thursday's 6-0 ruling will likely change the way most bias cases are handled in the state.

Previously, employees could receive back pay and other compensation and get their jobs back if they could prove discrimination was a motivating factor in a firing.

Employees will now have to show discrimination was a substantial motive. The employer can argue that performance alone would have resulted in the worker's termination.

The decision overturned a $178,000 jury award to a Santa Monica bus driver who was fired after revealing she was pregnant.

The employer says she was fired because of accidents and failure to show up for work.


Information from: Los Angeles Times,

(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)



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