Trial court judgment denying petition for administrative mandate challenging a decision by the Fair Employment and Housing Commission finding the employer committed pregnancy discrimination in violation of the Fair Employment and Housing Act is affirmed where: 1) substantial evidence supports the Commission's finding that there was a causal connection between the employee's and plaintiff's decision to end her employment; 2) the Commission did not abuse its discretion in awarding the employee backpay between May 10 and September 17, 2004; 3) substantial evidence supports the Commission's award of emotional distress damages; and 5) substantial evidence supports the Commission's Commission's decision to impose an administrative fine as there was clear and convincing evidence of oppression and malice on plaintiff's part.
APPEAL from a judgment of the Superior Court of San Diego County, David B. Oberholtzer, Judge. Affirmed.
FOURTH APPELLATE DISTRICT, DIVISION ONE
Filed July 15, 2009
Published: August 7, 2009
Before MCCONNELL, P.J., NARES, J., MCINTYRE, J.
Opinion by MCCONNELL, P.J.
For Defendant: Edmund G. Brown, Jr., Attorney General, Louis Verdugo, Jr., Assistant Attorney General, Angela Sierra and Antonette Benita Cordero, Deputy Attorneys General.