Brady

—Plaintiff appeals a judgment against her on two causes of action for sexual discrimination and tortious constructive discharge. We reverse, holding the trial court: (1) prejudicially abused its discretion in denying plaintiff’s motion during trial to amend the discrimination cause of action to allege a different factual basis; (2) prejudicially erred in instructing that constructive discharge required employer intent to cause the employee to quit.

Denial of Amendment

Plaintiff brought her cause of action for sexual discrimination under the California Fair Employment and Housing Act (FEHA). Plaintiff, a division manager of defendant Elixir Industries (Elixir), alleged Elixir paid her less than its male division managers over nearly a four-year period ending in January 1980 with her resignation caused by Elixir’s sexual discrimination. In a hearing pursuant to Evidence Code section 402 held just before trial began, the trial court ruled plaintiff’s salary could not be compared with salaries of the other division managers because she could not establish the preliminary fact that her position was substantially similar to their positions. Plaintiff does not contest this…