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RISKVUE ARCHIVE | INDUSTRY WATCH > EMPLOYMENT PRACTICES LIABILITY (EPL)
Focus on EPL in California:
Court Rejects Gender Bias Claim Based On Alleged “Cat Fight”
By Gretta T. Hutton
There’s no shortage of creativity in the employment bar. However, the California Court of Appeals has its limits. In August 2000, the California Court of Appeal decided a case involving workplace violence, gender discrimination and an employer’s receipt of a judgment for attorney’s fees when it successfully defended a case.
In Ijebor v. California Department of Youth Authority, E023682, two female employees got into a knock down drag out fight over a promotion. The plaintiff was stabbed by a co-worker while on the job. Plaintiff claims she nearly bled to death and that other employees (and through them the employer) did not break up the fight before it got bloody because it was merely a cat fight between two women. Plaintiff sued for gender discrimination.
The 4th District Court of Appeal rejected plaintiff’s gender discrimination claim. The court noted that plaintiff had a viable worker’s compensation claim but no grounds for suing the employer for gender discrimination and awarded the employer $81,763 in attorney’s fees.
Although California courts often allow liberal pleading, this case illustrates the court’s willingness to award attorney’s fees in favor of an employer where the plaintiff has gone too far in attempting to fabricate a claim. In light of this decision, plaintiffs and their counsel will want to evaluate the downside risks of possible fee awards in cases where plaintiff is arguing a novel theory, for which there is little precedent or public policy support. By the same token, successful defendant employers should always consider and aggressively seek to recover attorney’s fees since courts, in proper cases, have shown a willingness to award fees. 
ABOUT THE AUTHOR
Greta Hutton is a Principal in Knapp, Petersen & Clarke’s Employment and Commercial Litigation Groups. The firm assists private and insurance industry clients in preparation of employment-related manuals, including arbitration provisions and defense of employment related claims. Ms. Hutton can be reached at gth@kpclegal.com.
riskVue | The webzine for risk management profesionals
October 2000
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