King v. County of Ventura
Appellant Kyle King's employer, respondent County of Ventura (County), dismissed him from probation less than two months after the County investigated his complaints of misconduct by his initial training officer. King sued the County for retaliation under the California Fair Employment and Housing Act (FEHA). (Gov. Code, § 12940.)[1] The trial court granted the County's motion for summary judgment.
As we shall explain, King established a prima facie case giving rise to a rebuttable presumption of retaliation. The County, however, successfully rebutted that presumption by demonstrating a legitimate, non-retaliatory reason for King's dismissal. Once the presumption of retaliation disappeared, the burden shifted to King to raise a triable issue of material fact that the County was more likely than not motivated by a retaliatory intent. He failed to meet that burden. We affirm.
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