In Lawson v. PPG Architectural Finishes, Inc., a unanimous California Supreme Court strengthened whistleblower protections in the state by holding that whistleblower claims brought by an employee (or former employee) are to be analyzed under the framework set forth in California Labor Code Section 1102.6, rather that the stricter burden-shifting test commonly applied in federal discrimination suits.
The Court concluded that an employee's whistleblower claim may proceed unless the employer can demonstrate by "clear and convincing evidence" it would have taken the same adverse action (discharge or otherwise) for "legitimate" reasons independent from the employee's protected whistleblowing activities.
Under this standard, an employee need only show an alleged whistleblowing activity was a "contributing factor" to an adverse employment action, making it much harder for employers to defeat disgruntled employees' retaliation claims under Labor Code Section 1102.5 at the summary judgment stage of a case.
Section 1102.5 prohibits an employer from retaliating against an employee for disclosing information to a government or law enforcement agency the employee reasonably believed to be a violation of law (i.e., protected conduct), such as:
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