Trop

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1135 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1136 OPINION INTRODUCTION Plaintiff and appellant Anne Trop was terminated from her position at Tall Trees Productions as an assistant for movie producer and director Betty Thomas. Trop, who was pregnant at the time of her termination, brought an action against defendants and respondents Sony Pictures Entertainment, Inc. and Tall Trees alleging, among other things, sexual discrimination based on pregnancy and wrongful termination in violation of public policy, also based on pregnancy. 1 Trop's pregnancy-related causes of action were based on statements Thomas allegedly made to Trop in the months prior to Trop's termination and at the termination meeting that demonstrated that Thomas did not want to employ a pregnant assistant. Defendants obtained summary adjudication in their favor on Trop's causes of action for sexual discrimination and wrongful termination. Trop's other causes of action having been…

I respectfully dissent. Because plaintiff Anne Trop presented direct evidence of discrimination ( Trans World Airlines, Inc. v. Thurston (1985) 469 U.S. 111 , 121 [ 83 L.Ed.2d 523 , 105 S.Ct. 613 ]), the " McDonnell Douglas " test ( McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792 [ 36 L.Ed.2d 668 , 93 S.Ct. 1817 ]; Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317 , 354 [ 100 Cal.Rptr.2d 352 , 8 P.3d 1089 ]; see Morgan v. Regents of University of California (2000) 88 Cal.App.4th 52 , 67-68 [ 105 Cal.Rptr.2d 652 ] [direct evidence is evidence which proves a fact without inference or presumption] ( Morgan )) is not applicable. Evidence of the statements of Betty Thomas (Trop's supervisor at Tall Trees Productions) at Trop's termination, satisfied the direct evidence standard for statements disclosing a discriminatory bias against pregnant employees ( Kennedy v. Schoenberg, Fisher Newman, Ltd. (7th Cir. 1998) 140 F.3d 716 , 724 ( Kennedy ); Geier v. Medtronic, Inc. (7th Cir. 1996) 99 F.3d 238 , 242 ( Geier )). According to Trop, after Thomas fired her, Thomas asked, "How could you possibly be my assistant and be pregnant? How did you think that ever was going to work?" When…

INTRODUCTION

Plaintiff and appellant Anne Trop was terminated from her position at Tall Trees Productions as an assistant for movie producer and director Betty Thomas. Trop, who was pregnant at the time of her termination, brought an action against defendants and respondents Sony Pictures Entertainment, Inc. and Tall Trees alleging, among other things, sexual discrimination based on pregnancy and wrongful termination in violation of public policy, also based on pregnancy. Trap’s pregnancy-related causes of action were based on statements Thomas allegedly made to Trop in the months prior to Trap’s termination and at the termination meeting that demonstrated that Thomas did not want to employ a pregnant assistant.

Defendants obtained summary adjudication in their favor on Trap’s causes of action for sexual discrimination and wrongful termination. Trap’s other causes of action having been dismissed, the trial court entered judgment in favor of defendants. Trop argues on appeal that the trial court erred in granting summary adjudication. Because the record establishes that Thomas had no knowledge of Trap’s pregnancy at the time Trop was fired, we conclude Trop failed to…