What is the test for an employer to be found guilty of intentional discrimination against a plaintiff in a medical malpractice case?

California, United States of America


The following excerpt is from McKellar v. Cedars-Sinai Med. Ctr., B285462 (Cal. App. 2018):

To avoid summary judgment based on her proffered theory, McKellar needed to produce admissible evidence in the trial court that the decisions leading to McKellar's termination were made on the basis of her disability or workers' compensation claim. "[T]here must be evidence supporting a rational inference that intentional discrimination, on grounds prohibited by the statute, was the true cause of the employer's actions." (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 360-361.)

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