Hill v. San FranciscoBay Area Rapid Transit Dist.
A jury found San Francisco Bay Area Rapid Transit (BART) liable to plaintiff Oliver Hill under the California Fair Employment and Housing Act (FEHA) (Gov. Code, 12900 et seq.) in the aggregate amount of $1,271,500 for (1) retaliation ( 12940, subd. (h)); and (2) failing to take reasonable steps to prevent racial harassment, discrimination, or retaliation ( 12940, subd. (k)). BART challenges the award on multiple grounds including instructional error, insufficient evidence, and excessive damages. We reverse the portion of the judgment based on the jurys retaliation award, finding that the jury was improperly allowed to consider matters outside the pleadings in arriving at its verdict on this claim. Court affirm the portion of the judgment based on BARTs failure to prevent conduct violating FEHA. Court remand the matter for a limited retrial on the retaliation claim and for a redetermination of the amount of the statutory attorney fees to be awarded to Hills attorneys.
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