On May 4, 2015, the California Supreme Court ruled that a prevailing defendant in a California Fair Employment and Housing Act (“FEHA”) lawsuit can only recover ordinary litigation costs if it demonstrates that the plaintiff’s FEHA claims were frivolous, unreasonable, or groundless.  (Williams v. Chino Valley Ind. Fire Distr. (Cal. Sup. Ct. May 4, 2015), Case No. S213100).  Prior to this ruling, a majority of California courts had ruled that a prevailing defendant in a FEHA case could recover costs as a matter of right.  As such, the Williams case significantly changes California’s employment litigation landscape by making cost shifting even more one-sided in favor of employees.
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