Stricter Review Is Made Of FEHA Awards In Favor Of Prevailing Defendants.
“Keysville, Virginia. Randolph Henry High School. Playing baseball during gym period. Girl replaced man teacher who was drafted in the army.” Philip Bonn, photographer. June 1943. Library of Congress.
Young v. Burlingame School Dist., Case No. A147012 (1st Dist., Div. 2 Nov. 15, 2016) (unpublished) illustrates that FEHA fee/costs awards to prevailing defendants are not the norm and will be subject to intensified appellate review based on Williams v. Chino Valley Independent Fire Dist., 61 Cal.4th 97, 115 (2015).
In Young, teacher was cleared of sexual misconduct charges, but found to have engaged in “unprofessional conduct,” in an administrative proceeding resulting in her reinstatement. She then sued school district under FEHA, but lost on summary judgment. School district then took the offensive and moved to recover fees, with the lower court granting $16,175.50 in fees and costs.
The fees/costs award was reversed on appeal. A higher standard did govern the fee/costs determination under FEHA against a non-prevailing plaintiff, with the record showing she did have sufficient proof of animus (with respect to pretextual conduct, often proven through circumstantial evidence) to prosecute her suit. Reversed.
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