On February 7, 2013 the California Supreme Court, in a unanimous decision, affirmed that backpay and reinstatement are not available remedies for a plaintiff under the Fair Employment and Housing Act when an employer has proved by a preponderance of evidence that it would have made the same decision to terminate that individual for lawful reasons.
http://www.jdsupra.com/legalnews/california-supreme-courts-mixed-motive-54306/
http://www.jdsupra.com/legalnews/california-supreme-courts-mixed-motive-54306/
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