Michail
Michail v. Fluor Mining & Metals, Inc.
Opinion
Opinion
King, J.
In this case we hold that in an action claiming employment discrimination the trial court may exercise its discretion to exclude from evidence a determination issued by the United States Equal Employment Opportunity Commission upon the same claim.
Lucie G. Michail appeals from a judgment in an employment discrimination action under the California Fair Employment and Housing Act (FEHA). (Gov. Code, § 12900 et seq.) We affirm.
Michail was hired by Fluor Mining and Metals, Inc. (Fluor) as a principal electrical engineer. She was later denied a promotion to chief engineer and eventually was terminated due to “lack of work.”
Michail initially lodged a complaint with the EEOC claiming the denial of a promotion and her termination were because of her sex. After an investigation the EEOC issued a “Determination” finding there was reasonable cause to believe Michail was terminated due to her sex, but no reasonable cause to believe she was denied a promotion for that reason. A “Determination” is issued by EEOC without a hearing at which the employer can present evidence and cross-examine opposing witnesses. It results in an invitation by EEOC to begin a process of conciliation…