As we reported in the March edition of our employment brief, a California of Appeal ruled earlier this year in Harris v. City of Santa Monica that employers may now assert a so-called "mixed-motive" defense to discrimination claims brought under the state's Fair Employment and Housing Act ("FEHA"). Under the mixed-motive framework, an employer can escape liability for discrimination, even if a discriminatory motive was involved in an adverse employment action, so long as it can show that it would have taken the same action even without the discriminatory motive due to the presence of other, non-discriminatory, factors. On April 22, 2010, the California Supreme Court granted review of that decision. If upheld, the Harris decision will provide employers with a powerful tool for defending against discrimination and retaliation claims brought under the state's FEHA. We will continue to provide updates on this case as it progresses.