Mark Wilson Upholds Defense Verdict in Employment Discrimination Appeal

San Francisco Partner Mark R. Wilson secured another win for the Employment Law team at the California Fourth District Court of Appeal, upholding the defense verdict from a six-week, trifurcated jury trial that San Diego office Managing Partner Alfred M. De La Cruz and San Diego Partner Christine La Vorgna led in April 2022.

The case began with Plaintiff suing our client, a Christian campground where she worked, for wrongful termination based on disability and religious discrimination. While temporarily suffering from health conditions, Plaintiff repeatedly failed to provide timely doctor’s notes and eventually stopped communicating with her supervisor, ultimately leading to her termination. Despite this, Plaintiff claimed that her termination was the result of her health condition and religious differences with the Christian campground. After the trifurcated trial, in which a case is separated into three parts and each part is tried separately, the jury returned a verdict in favor of our client, finding it was a religious entity exempt from the Fair Employment and Housing Act (FEHA).

Plaintiff later appealed the decision, challenging the multi-factor test she herself had proposed and submitting to the jury to determine whether our client was a religious entity. She additionally alleged that defense counsel had misapplied the religious exemption under FEHA and had thus committed misconduct during the trial. The Court of Appeal disagreed on both counts, supporting the jury’s initial finding that our client is in fact a religious entity and that no prejudicial misconduct occurred.

About Our Team

Mark Wilson is a member of the Appellate Law (Strategy, Writs, & Appeals) team. Mr. Wilson has an extensive appellate background and has litigated in the California Supreme Court, California Courts of Appeal, and the United States Court of Appeals for the Ninth Circuit. Additionally, he serves on the board of the American Constitution Society’s Bay Area Lawyer Chapter and the Amicus Committee of the Association of Defense Counsel of Northern California and Nevada.

Alfred De La Cruz is the leader of the Employment Law team and a member of the Governmental Entity Liability team. He was named a Top Rated Lawyer in Labor & Employment Law by Fortune Magazine and was recognized as one of the Top Lawyers in San Diego by San Diego Magazine. As an expert in his field, he regularly serves as lead counsel for the most demanding cases and is consistently called upon by his clients to assist in sensitive matters across the United States.

Christine La Vorgna is a member of the Employment Law team. Ms. La Vorgna has extensive experience in civil litigation from both a plaintiff and defense position and has earned five defense awards in her career. She focuses her practice in the areas of wrongful termination, discrimination, wage & hour claims, DFEH claims, EEOC claims, and DLSE claims, among other topics.