In Fitzsimons v. California Emergency Physicians Medical Group, the Court of Appeals held that the Fair Employment and Housing Act (FEHA) supports a claim for retaliation by a partner against her partnership for opposing sexual harassment of an employee.  The defendant was a large California general partnership working in hospital emergency rooms throughout California.  Plaintiff, who was serving as a regional director for the defendant and on the Board of Directors, was terminated as a regional director, but continued on the Board and as a doctor.  Plaintiff sued, alleging that she was removed her from her position as regional director in retaliation for reports she made to her supervisors that certain officers and agents of defendant had sexually harassed female employees of defendant’s management and billing subsidiaries. Prior to trial, the trial court ruled that if plaintiff was a bona fide partner in the defendant entity, she did not have standing to assert a cause of action for retaliation under FEHA. After the jury ruled that she was a partner, the trial court entered judgment for the defendant.

The Court of Appeals reversed the trial court. The Court analyzed FEHA, its language, and the public policy. It then held that “both the language of the retaliation provision and the purpose of the statute support liability when a partner asserts a claim for retaliation against her partnership based on reports of sexual harassment of an employee.” It stated that “recognizing such a claim furthers the protection of those employees subject to sexual harassment.”

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