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  May 12, 2008
  Source:  WorkInjury.com
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CA/1:   Past 'Good' Conduct Doesn't Negate Discrimination ('Same Actor' Evidence)

A Filipino supervisor moved to another company and brought a subordinate, co-employee with her. The employee was also Filipino.

At the new company, the supervisor promoted the employee several times.

When she then got mad at the employee and eliminated her position, the employee sued the employer under the FEHA, claiming race and/or gender discrimination.

A jury awarded the employee both compensatory and punitive damages.

In defense -- both in its judgment notwithstanding the verdict arguments and on appeal -- the employer claimed that great weight should have been given to the "same actor" evidence that was presented, thus showing that no discrimination in fact occurred.

Citing several cases, the employer quoted the concept as:

"[W]here the same actor is responsible for both the hiring and the firing of a discrimination plaintiff, and both actions occur within a short period of time, a strong inference arises that there was no discriminatory motive."

While the appellate court conceded that there was strong evidence supporting non-discrimination, it ruled that the "same actor" evidence should not be given greater weight than other evidence and that, therefore, there wasn't enough to support overturning the jury's verdict.

The partially published case is Harvey v. Sybase, Inc..

To read the opinion,

PLEASE CLICK HERE.