Johnson v. United Cerebral Palsy/Spastic Children's Foundation

This is an appeal from a summary judgment granted to an employer after one of its former employees filed suit alleging the employer fired her because she was pregnant. Plaintiff alleges violations of the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.), specifically sections 12940 (setting out specific types of unlawful conduct by employers, labor organizations, employment agencies and others), and 12945 (relating to pregnancy leave and other accommodations).

To support its summary judgment motion, the employer presented evidence to the trial court that it terminated plaintiff for a valid reason—it had obtained information that plaintiff falsified her worktime records. Plaintiff opposed the motion by presenting evidence that (1) she had not falsified her time records, (2) she was fired soon after she disclosed she was pregnant, and (3) defendant had fired other women after they disclosed they were pregnant. The latter assertion was based on .declarations from the other women.

Defendant made evidentiary objections to these declarations, and the declarations were addressed by both parties at the hearing on the motion for summary judgment. However,…