Akers

Laura Akers, a former deputy district attorney, sued the County of San Diego (County), claiming gender/pregnancy discrimination, violation of family leave act statutes, wrongful termination in violation of public policy, and unlawful retaliation. The jury found in Akers’s favor on her retaliation claim, but found Akers did not prove her other causes of action. The jury initially awarded Akers $250,000, but the court reduced this amount to $150,000 after conditionally granting a new trial because of jury misconduct. The court entered judgment of $150,000 plus $249,345 in attorney fees.

On appeal, County contends insufficient evidence supported the jury’s finding that Akers suffered an adverse employment action, and the court prejudicially erred in instructing on this element. County also challenges the sufficiency of the evidence to support the jury’s finding that its actions were pretextual, and contends the trial court erred in admitting certain evidence on this issue. In .her cross-appeal, Akers contends the court erred in granting a new trial on the basis of jury misconduct.

In the published portion of this decision, we conclude: (1) an adverse employment action…