In Harris v. City of Santa Monica, the California Supreme Court ruled that under the Fair Employment and Housing Act (“FEHA”), when a jury finds that unlawful discrimination was a substantial factor motivating a termination of employment, and when the employer proves it would have made the same decision absent such discrimination, a court may not award damages, back pay, or an order of reinstatement. However, the Court ruled that in in light of FEHA’s express purpose of not only redressing but also preventing and deterring unlawful discrimination in the workplace, a plaintiff could still be awarded declaratory relief or injunctive relief to stop discriminatory practices, and may be eligible for reasonable attorney’s fees and costs.

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