Was Sexual Harassment A Substantial Motivating Reason?

Plaintiff contended he was fired in retaliation for reporting allegations of sexual harassment and a jury awarded him $238,328. The trial court instructed the jury with CACI No. 2430, the 2012 version. Citing Harris v. City of Santa Monica (2013) 56 Cal.4th 203, [294 P.3d 49, 152 Cal.Rptr.3d 392] the appellate court reversed for a new trial, stating:  “The court should have instructed the jury to determine whether [plaintiff’s] report of sexual harassment was a substantial motivating reason for Mendoza’s discharge.” (Mendoza v. Western Medical Center Santa Ana (Cal. App. Fourth Dist., Div. 3; January 14, 2014) 222 Cal.App.4th 1334.)