In a civil action or administrative proceeding brought pursuant to Section 1102.5, once it has been demonstrated by a preponderance of the evidence that an activity proscribed by Section 1102.5 was a contributing factor in the alleged prohibited action against the employee, the employer shall have the burden of proof to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the employee had not engaged in activities protected by Section 1102.5.
Cal. Lab. Code § 1102.6
Political Affiliations
Applied in 7 court decisions — leading case 223 Cal. App. 4th 169 - Thornbrough v. Western Placer Unified School District (2013)
Most recently applied in Lawson v. PPG Architectural Finishes, Inc. (January 2022)
Added by Stats. 2003, Ch. 484, Sec. 3
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.