Pregnancy Discrimination Verdict Upheld.

Woman employee was fired three hours after returning from pregnancy leave. In her action alleging wrongful termination and violation of the California Fair Employment and Housing Act [FEHA Government Code §12940], a jury awarded her $10,000. After the verdict, the court granted her $50,858.44 for attorney fees. The employer argued on appeal the trial court erred in permitting the employee to prove her pregnancy-related leave was “a motivating reason” for her discharge rather than the “but for” cause of her discharge.  The employer also argued the trial court erred when it refused to permit it to avoid liability by proving it would have made the same decision even in the absence of a discriminatory or retaliatory motive. It also challenged the attorney fee award because the verdict form failed to specify whether the employee prevailed on the statutory or common law cause of action. The appellate court found no error in the jury instructions, and found the employer invited any error in the verdict form when it prepared it for the court. Alamo v. Practice Management Information Corporation  (Cal. App. Second Dist., Div. 7; October 18, 2012) 210 Cal.App.4th 95.