On 27 January 2022, the California Supreme Court answered a question certified to it by the Ninth Circuit: whether whistleblower claims under California Labor Code section 1102.5 are governed by the burden-shifting test for proof of discrimination claims established by the U.S. Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), or the more employee-friendly standard set forth in Labor Code section 1102.6. The Court unanimously held that the Labor Code section 1102.6 standard applies.
Section 1102.5 makes it illegal for employers to retaliate against an employee for disclosing information to government agencies or “to a person with authority over the employee” where the employee has reasonable cause to believe that the information discloses a violation of a state or federal statute, or a local, state, or federal rule or regulation.
In Lawson v. PPG Architectural Finishes, Inc., plaintiff Wallen Lawson was employed by Defendant PPG Architectural Finishes, Inc. (PPG), a paint and coating manufacturer, for approximately two years as a territory manager. Although at first Lawson performed his job well, his performance declined over time, and he was placed on a performance improvement plan. During the same time, Lawson made two anonymous complaints to PPG’s central ethics hotline regarding instructions he allegedly had received from his supervisor regarding certain business practices with which he disagreed and refused to follow. Lawson’s complaints led to...
The DMK president blamed the AIADMK leader for trying to scuttle Ungaludan Stalin initiative when it was introduced, by filing a petition in the court against it DMK president and Chief Minister M....