Respondent’s Brief

Details

Author(s):
  • James A. Sonne
  • Zeba Huq
  • Caroline Bechtel
  • Avi Dugginapeddi
  • Andrew Nahom
  • Wendy Musell
  • Alan J. Reinach
  • Jonathon Cherne
Publish Date:
March 21, 2024
Format:
Brief
Citation(s):
  • James A. Sonne & Zeba Huq et al., Respondent's Brief, No. C095798 in the Court of Appeal of the State of California, Third Appellate District (Mar. 21, 2024).
Related Organization(s):

Abstract

This appeal challenges a judgment that followed a prior reversal and remand by this Court, with the trial judge having twice reviewed the evidence and arguments. In the end, and for reasons stated from the bench with no statement of decision, the judge found that the California Department of Corrections and Rehabilitation (CDCR) violated the Fair Employment and Housing Act (FEHA) in rejecting Teresa Brown’s application to be a correctional officer based on her need to observe the Sabbath. This Court should affirm and put this decade-long dispute to an end for two independent reasons: (1) CDCR omits on appeal a transcript of the trial court’s oral ruling; and (2) the judgment is supported by implied findings and substantial evidence.