SAN FRANCISCO — The California Supreme Court on Thursday gave broad protections to workers who oppose orders that could be discriminatory, giving employees rights that legal experts said appear to go beyond those in any other state.
The ruling came in the case of a supervisor at a cosmetics and perfume company who resisted her boss's order to fire a woman who was not "good-looking enough" and to replace her with someone "hot."
The court ruled 4 to 2 that the supervisor could sue the company for allegedly retaliating against her with poor evaluations and new job requirements.
The ruling significantly expands protections for workers who refuse to follow orders they reasonably believe violate the state's anti-discrimination laws. Workers will be protected from retaliation even if they do not explicitly complain about the alleged discrimination and even if the order was not in fact unlawful, the court said.
Former California Supreme Court Justice Joseph Grodin, who argued the appeal for the manager in the case, said the ruling was "probably unique among state courts."
Grodin, now a law professor, said the decision sends a message to employers that "workers are allies in the battle against discrimination."
William C. Quackenbush, an employment lawyer who was not involved in the case, said the decision "breaks new ground," opening the door to a much higher number of complaints against employers. It also "reflects the reality that employees usually don't complain about discrimination."
"This just makes it much stronger for all California employees," Quackenbush said. "You don't have to go and complain and risk losing your job because you are a complainer" to be protected from retaliation.
George S. Howard, who represented an employers' group in the case, said the law in California "already was a bonanza for plaintiff attorneys, and it just got a little easier."
"This is just another decision that is going to make managing a workforce in California that much harder," Howard said.
Cases claiming that a company retaliated against a worker already are among the most common types of employment litigation in the state, employment law experts said.
In the case before the court, Elysa J. Yanowitz, a regional sales manager for L'Oreal USA Inc., said her boss ordered her to fire a female sales associate with a strong performance record because the dark-skinned employee was not attractive enough.
