What is the employer's burden as a moving party in an adverse employment action?

California, United States of America


The following excerpt is from Davis v. Cal. Guardian, Inc., B294819 (Cal. App. 2020):

"relies in whole or in part on a showing of nondiscriminatory reasons for the [adverse employment action], the employer satisfies its burden as moving party if it presents evidence of such nondiscriminatory reasons that would permit a trier of fact to find, more likely than not, that they were the basis for the [adverse action]. [Citations.] To defeat the motion, the employee then must adduce or point to evidence raising a triable issue, that would permit a trier of fact to find by a preponderance that intentional discrimination occurred." (Kelly v. Stamps.com Inc. (2005) 135 Cal.App.4th 1088, 1097-1098.)

Other Questions


What is the current state of the law on the test for determining whether an employer meets its initial burden as a moving party in an adverse employment action? (California, United States of America)
What is the test for determining whether a party has a burden of burden on moving parties? (California, United States of America)
Can a moving party rely on the adverse party's 'convenience' as a basis of a motion to dismiss the adverse as a witness? (California, United States of America)
Can a plaintiff rely on the termination of her employment with defendant as the adverse employment action for the purposes of her retaliation cause of action? (California, United States of America)
What is the burden of proving that a party has met the moving party's burden? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Does a party's failure to file a declaration in a personal injury action relieve the moving party of the burden of establishing the evidentiary facts of every element necessary to entitle him to judgment? (California, United States of America)
If the full credit bid rule is extended to bar fraud actions against third parties, can appellant bring an action against the third party? (California, United States of America)
Can an adverse party in a personal injury action recover fees paid or payable to his own attorney for services rendered in that action? (California, United States of America)
What is the moving party's burden at step one of the steps in the anti-SLAPP action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.