Horne v. Dist. Council 16, Int'l Union of Painters & Allied Trades
Annotate this CaseHorne filed an employment discrimination action. The trial court granted summary judgment in favor of District Council 16, reasoning that Horne was unable to establish that he was qualified for the union organizer position he sought and had failed to state a prima facie case of discrimination under the California Fair Employment and Housing Act (FEHA). (Gov. Code 12900). The trial court relied on after-acquired evidence of a prior conviction so that, at the time of the employment decision in 2010, federal law prohibited Horne from serving as a union organizer; the 13-year disability period established by that federal statute had not been shortened. The California Supreme Court remanded for consideration in light of its 2014 opinion in Salas v. Sierra Chemical Co. The court of appeal then reversed. Other than with respect to certain post-discovery period remedies, FEHA is not preempted by Section 504(a) of the federal Labor-Management Reporting and Disclosure Act; although the trial court correctly concluded that Horne’s citizenship rights had not been fully restored for purposes of Section 504(a), its grant of summary judgment in reliance on after-acquired evidence was inappropriate during the liability phase of this FEHA litigation.
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