April 28, 2025 | MedLegalNews.com – Appeals Court Revives FEHA Claim: A California appeals court has ruled that a plaintiff’s Fair Employment and Housing Act (FEHA) claim can proceed, despite an earlier dismissal under the state’s anti-SLAPP law.
The case stems from a workplace retaliation lawsuit. Initially, the trial court granted a special motion to strike under the Strategic Lawsuit Against Public Participation (SLAPP) statute, dismissing the employee’s claims. However, the plaintiff appealed, arguing that FEHA claims should not be subject to dismissal through an anti-SLAPP motion.
On review, the appellate court agreed. It emphasized that FEHA claims receive special protection under California law and are generally exempt from SLAPP procedures. While SLAPP laws aim to prevent abusive lawsuits targeting free speech and petitioning rights, the court explained that applying them too broadly could undermine critical employment rights protected by FEHA. Appeals Court Revives FEHA Claim
In reinstating the lawsuit, the panel noted that California courts must balance free speech protections with the strong public interest in enforcing anti-discrimination and anti-retaliation laws. Therefore, when FEHA rights are at stake, courts must proceed cautiously before allowing a SLAPP motion to defeat legitimate claims.
The decision sends the retaliation and discrimination claims back to the trial court for further proceedings. Employers facing FEHA suits must now carefully consider the limits of anti-SLAPP motions when formulating their defense strategies.
Source: Department of Rehabilitation
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