Michail

Michail v. Fluor Mining & Metals, Inc.

Good Law
180 Cal. App. 3d 284·1986 Cal. App. LEXIS 1505·225 Cal. Rptr. 403·40 Fair Empl. Prac. Cas. (BNA) 1207
Court of Appeal of CaliforniaApril 24, 1986A031017California758 words

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…

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