Johnson v. United Cerebral Palsy/Spastic Childrens Foundation
This is an appeal from a summary judgment granted to an employer after one of its former employees filed suit alleging the employer fired her because she was pregnant. The plaintiff alleges violations of the California Fair Employment and Housing Act (Gov. Code, 12900 et seq.), specifically sections 12940 (setting out specific types of unlawful conduct by employers, labor organization, employment agencies and others), and 12945 (relating to pregnancy leave and other accommodations). Court conclude that the contested declarations are admissible and constitute substantial circumstantial evidence, when considered with other evidence presented by plaintiff, which is sufficient to raise triable issues of material fact as to the reason for plaintiffs termination. Therefore, the summary judgment must be reversed and the matter remanded for further proceedings.
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