On October 20, 2022, the Ninth Circuit reversed in part a grant of summary judgment in favor of an employer, finding that the district court misapplied the substantive law of California in holding that Plaintiff's disclosures to his supervisor and to a third-party contractor did not constitute protected activity under the California Whistleblower Protection Act. Killgore v. Specpro Pro. Serv., LLC, No. 21-15897.
Background
Plaintiff worked as a consultant for a firm retained by the United States Army Reserve ("Reserve") to conduct an independent environmental assessment, pursuant to the National Environmental Policy Act ("NEPA"), in connection with a proposal to modify the use of certain helicopter landing sites. Plaintiff alleged that he was discharged after he raised concerns to his supervisor and to the project leader at the Reserve that he was being required to prepare the environmental assessment in a manner that violated a requirement of the NEPA.
Plaintiff filed suit in California state court alleging various claims, including claims of unlawful retaliation and wrongful termination under the California Whistleblower Protection Act, Cal. Lab. Code § 1120.5(b). After the case was removed to federal court, the U.S. District Court for the Northern District of California granted summary judgment in favor of Plaintiff's former employer. The district court held that any complaints Plaintiff made to his supervisor did not constitute protected activity because California law...
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