Hughes v. Cal. Dept. of Corrections and Rehabilitation
A jury found in favor of plaintiff and appellant Charles Hughes (plaintiff) on his cause of action for retaliation under the Fair Employment and Housing Act (FEHA)[1] and awarded him damages in the amount of $1,670,393.37. On appeal, defendant and respondent State of California Department of Corrections and Rehabilitation (the Department) contends that there was insufficient evidence to support the jury’s finding of retaliation, the trial court failed to instruct the jury properly on plaintiff’s burden to prove retaliatory intent, the damage awards for back pay and overtime were improper, and there was insufficient evidence to support the noneconomic damage award.
We hold that there was substantial evidence to support the jury’s finding of retaliation under FEHA, the trial court properly instructed the jury on plaintiff’s burden to prove retaliatory intent, the jury properly awarded damages for back pay and overtime, and there was sufficient evidence to support the noneconomic damage award. Therefore, we affirm the judgment in favor of plaintiff.
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