Resh

Resh v. Del Mar Union School Dist. CA4/1

Good Law
Court of Appeal of CaliforniaJuly 21, 2022D078804California11,762 words

Opinion

Opinion

Do, J.

INTRODUCTION

Elana Resh, a first-grade teacher who was employed under three successive one-year contracts, found herself without a contract for the next school year after she disclosed to the principal that she had become pregnant. Resh sued the school district for pregnancy discrimination in violation of the

California Fair Employment and Housing Act (FEHA) (Gov. Code,1 § 12900 et seq.) and sought compensatory and punitive damages. The trial court concluded there were no triable issues of fact with respect to Resh’s discrimination claims and granted summary judgment for the school district. We reverse the judgment and remand for entry of a limited summary adjudication order. On our de novo review, we conclude Resh presented sufficient evidence to raise triable issues of material fact to preclude summary adjudication of her pregnancy discrimination claims. Resh does not challenge summary adjudication of her claims for retaliation and for punitive damages. So we leave the trial court’s decision on those claims undisturbed.

FACTUAL AND PROCEDURAL BACKGROUND

I.

Resh’s Employment with the Del Mar Union School District2 In August 2015, the Del Mar Union School District (District)…

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