In Bakerv. Mulholland Security and Patrol Inc., plaintiff sued defendant for race discrimination and retaliation after being terminated following just 13 days of employment. The trial court granted summary judgment, finding that defendant had a non-retaliatory reason for firing plaintiff. Defendant then moved to recover expert witness fees as the prevailing defendant under the Fair Employment and Housing Act (FEHA Case). The trial court granted the motion, despite not finding that plaintiff’s claim was frivolous. The Court of Appeal reversed, holding that expert witness fees for the prevailing defendant, just like attorney’s fees, are only recoverable pursuant to Government Code Section 12965(b) when plaintiff’s action is found to be frivolous.
For more information about your rights under the Fair Employment and Housing Act, you can contact Reza at Sina Law Group. Reza represents individuals in all aspects of employment law including wrongful termination, discrimination claims, sexual harassment, defamation in the workplace, and wage and hour claims