California Court Reverses $1.1 Million Pregnancy Discrimination Verdict

A trial court erred in not instructing the jury that the employer’s possible error in business judgment is not tantamount to a discriminatory motive in a female job applicant’s pregnancy discrimination case under the California Fair Employment and Housing Act (“FEHA”), the California Court of Appeal has ruled. Veronese v. Lucasfilm Ltd., Nos. A129535 & A131660 (Cal. Ct. App. Dec. 10, 2012). The Court also held that the trial court’s decision to instruct the jury regarding the potential harm to the female job applicant’s unborn child was erroneous. Accordingly, the Court reversed a jury verdict of $113,830 and an attorney’s fee award of approximately $1.1 million in favor of the applicant, returned the case to the trial court and ordered a new trial.