Brady v. Elixir Industries
California Court of Appeal
242 Cal. Rptr. 324, 196 Cal. App. 3d 1299 (1987)
- Written by Elliot Stern, JD
Facts
Redina Brady (plaintiff) sued her employer, Elixir Industries (defendant), for tortious constructive discharge. At trial, witnesses testified that Brady had been paid less than she deserved because she was a woman. According to the testimony, Brady had received a salary equal to or lower than two men who were arguably her subordinates. The trial judge instructed the jury that for Brady to recover damages for tortious constructive discharge due to unlawful sexual discrimination, she had to prove that discrimination based on sex existed at the time of discharge and persisted after she protested to Elixir. Also, Brady had to show that Elixir had failed to eliminate the discrimination within a reasonable period of time. Further, the judge instructed that the jury could find for Brady only if they determined that the conduct of the employer was intended to cause Brady to resign and that the discriminatory conduct made working conditions so intolerable that a reasonable person would be forced to resign. The jury ruled for Elixir, and Brady appealed.
Rule of Law
Issue
Holding and Reasoning (Campbell, J.)
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