EMPLOYER DISCRIMINATION; DEFENSES – In General
Single Topic for Decision 2687H
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505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.01000 – In General
505.01000 – In General
Where there is evidence that the respondent’s adverse action was motivated by both lawful and unlawful reasons, “the question becomes whether the [adverse action] would not have occurred ‘but for’ the protected activity.” [Citation.] The “but for” test is “an affirmative defense which the respondent must establish by a preponderance of the evidence.” [Citation.] (Adopting proposed decision at p. 38.)