California, United States of America
The following excerpt is from Barseghyan v. Cnty. of L. A., B249184 (Cal. App. 2014):
Because employee proffered direct evidence of discrimination, the employer could only defeat her claim by showing either that her testimony was not true or that she would have been subject to the same action without reference to her disability. (Trop v. Sony Pictures Entertainment Inc., supra, 129 Cal.App.4th at p. 1145.) As to the former showing, denying the truth of employee's testimony would in and of itself raise a triable issue of material fact; as to the latter, the employer did not make this argument. Thus the trial court's granting of the motion for summary adjudication on this claim was error.
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