Winston

INTRODUCTION

Harold Winston (Winston) sued his employer, the County of Los Angeles (L.A. County), alleging race-based discrimination, retaliation, and failure to maintain a discrimination free environment under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) and whistleblower retaliation in violation of Labor Code section 1102.5. While Winston’s case was pending, Labor Code1 section 1102.5 was amended, effective January 1, 2021, to add a provision—subdivision (j)—authorizing courts to award reasonable attorney fees to whistleblower plaintiffs who prevail against their employer under section 1102.5. After the jury found in Winston’s favor on his retaliation claim under section 1102.5, Winston filed a motion for attorney fees based on section 1102.5’s recently enacted subdivision (j). The trial court denied the motion, ruling that the fee provision does not apply to Winston’s case because it was not in effect in 2019 when the complaint was filed and because it found no legislative intent supporting retroactive application. We disagree with the trial court’s decision and reverse. Case precedent establishes that a new statute authorizing an award of…