12 Oct Whistle Blower Claims
In Lawson v. PPG Architectural Finishes (2022) 12 Cal.5th 703, the California Supreme Court unanimously held that in whistle blower cases under Labor Code section 1102.5, an employee must only establish that retaliation is a “contributing factor” in an adverse employment action against the employee. The employer must then prove by “clear and convincing” evidence that it would have taken the same action for legitimate independent reasons. The Court rejected the application of the burden-shifting “McDonnell Douglas” standard that is used in discrimination cases under state and federal law.
