Lampkin

INTRODUCTION

Labor Code section 1102.51 prohibits employers from retaliating against whistleblowing employees, and allows an employee who “brings a successful action” under that section to recover their attorney’s fees. However, section 1102.6 affords employers an affirmative defense, if they prove the alleged retaliatory action “would have occurred for legitimate, independent reasons” had the employee not been a whistleblower. This type of defense is commonly known as a “same-decision defense.” (Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703, 712 (Lawson), quoting Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 239 (Harris).) Cases where this defense may apply are known as “mixed-motive” cases. (See Harris, supra, 56 Cal.4th at p. 214–215.) Here, respondent D’Andre Lampkin (Lampkin) proved the elements of a whistleblower retaliation claim, but appellant County of Los Angeles (County) established the affirmative defense provided by section 1102.6, and Lampkin obtained no relief. The trial court nevertheless awarded Lampkin his attorney’s fees, and the County now appeals. We must decide if Lampkin has brought a “successful action” under section 1102.5, and…