Clayton-Brame

This appeal is from a judgment granting a writ petition in favor of plaintiff Patricia Clayton-Brame. The Los Angeles County Department of Health Services (department) is plaintiffs employer. The administrative hearing officer had ruled in the department's favor. The trial court found for plaintiff. On appeal, the department contends the trial court's finding plaintiff was passed over for a promotion because of her union activity was not supported by substantial evidence. We conclude there was no substantial evidence plaintiff had a reasonable expectation of selection for promotion under the department's ongoing competitive promotion system. Accordingly, we reverse the judgment.

Plaintiff is an African-American woman who, at the time of the administrative hearing, was 45 years old. She had worked for the department for 16 years, beginning in January 1980. She had held her current classification, accountant II, since August 1983. She had never been rated higher or lower than "competent" in any of her performance evaluations. It was undisputed that beginning in October 1980 and continuing throughout her tenure with the department plaintiff had been an active union…