Johnson v. United Cerebral Palsy/Spastic Children’s Found., 173 Cal. App. 4th 740 (2009)

Dewandra Johnson, who was employed as a counselor for this charitable foundation, alleged that she had been terminated while and because she was pregnant. Johnson also alleged that her supervisor (Raquel Jiminez) had a discriminatory animus against pregnant and heterosexual women and that Jiminez gave preferential treatment to gay and lesbian employees and specifically recruited gays and lesbians to fill positions within the Foundation. In its summary judgment motion, the Foundation asserted that it had conducted a good faith investigation into Johnson’s time sheets and billing records and concluded that Johnson had falsified such records and that that was the basis for the termination of her employment. The trial court granted the Foundation’s motion for summary judgment, but the Court of Appeal reversed, holding that Johnson had produced substantial evidence that the stated reason for her firing was pretextual and/or that the employer had acted with discriminatory animus in firing her. Further, the appellate court held that the declarations Johnson had submitted from other employees recounting alleged pregnancy discrimination at the hands of defendants required reversal of the summary judgment.