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The following is not meant to be legal advice.

In McRae v. Dep’t of Corr. & Rehabilitation, 142 Cal. App. 4th 377 (Cal. App. 1st Dist. 2006), an appellate court reverses a retaliation jury award for the second time.   Revisiting a retaliation and discrimination action following the California Supreme Court’s order to do so, the appellate court again found that the plaintiff, a doctor with the Department of Corrections & Rehabilitation (the Department), failed to present sufficient evidence of retaliation.

The plaintiff doctor worked at a prison facility as a surgeon. When she was passed over for a promotion, she filed a complaint with the Department of Fair Employment and Housing (DFEH). She claimed that the filing of this complaint triggered a number of retaliatory actions that culminated in her involuntary transfer to another facility. She filed three DFEH complaints. She sued for discrimination and retaliation. A jury found for the Department on her discrimination claim but awarded her damages on her retaliation claim. The appellate court reversed but the California Supreme Court granted review and transferred the case back to the appellate court to reconsider its decision.

The appellate court reversed again, finding that there was insufficient evidence of retaliation.