There is an article about Alamo v. PMIC on the front page of the September 9, 2013 Daily Journal. Check it out. They actually quoted me correctly. They claim that my case (Alamo) is the first case after Harris to undergo a re-trial on the substantial motivating factor jury instruction for discrimination cases. While I have been on the cutting edge of employment law for 20 years now this is not a first I care to participate in. My client may disagree as she believes he will obtain higher damages on a re-trial. For the second published version of Alamo in the court of appeal see 2013 DAR 11998.
Several lay people have asked me about the new standard in discrimination law. They asked me if it is ok to fire somebody due to a little bit of discrimination. If the answer is yes, society has sunk to a bizarre new level.
The term substantial motivating factor is just enough to create more words for lawyers, more argument, and lengthy briefs.
Call me if you have any employment discrimination questions. Now, more than ever, it is important to have an attorney who will fight for employee rights, fight to justice when there is discrimination regardless of how many times the discrimination case must be tried, how many times it must be appealed, and how much money a corporation will spend defending a wrongful termination.
Karl Gerber, Representing Employees at All Costs!