Trop v. Sony Pictures Entertainment Inc

In Trop v. Sony Pictures Entertainment Inc. (2005) 129 Cal.App.4th 1133, the court discussed direct evidence in the context of a pregnancy discrimination case. The court stated, "'Direct evidence is that which, "if believed by the trier of fact, will prove the particular fact in question without reliance upon inference or presumption." Direct evidence of discriminatory intent in pregnancy discrimination cases generally is in the form of an admission by a supervisor or decision maker that the employee was suspended because she was pregnant. To rise to the level of direct evidence of discrimination, ... "isolated comments must be contemporaneous with the discharge or causally related to the discharge decision making process."'" (Ibid.) In Trop v. Sony Pictures Entertainment, Inc. (2005) at an office Christmas party, the pregnant plaintiff played with the infant of another employee. She remarked: "'It looks like I get to have one of my own.'" (Trop, supra, 129 Cal.App.4th at p. 1140.) Her employer responded: "'Not while you are working for me.'" (Ibid.) Based on Kennedy, the court concluded that the employer's remark was not direct evidence of discrimination. The statement was made more than one month before the employment termination, in a Christmas party conversation unrelated to plaintiff's performance. The court found no causal relationship between the statement and the termination. (Trop v. Sony Pictures Entertainment, Inc., supra, 129 Cal.App.4th 1148-1149.) Plaintiff was fired on July 21, 2006. Johnson's comment about gay men in purple tights was made one month before, at a dinner during a sales meeting. The comment that plaintiff does not know much about liking "titties" was made on July 12, 2006 during a cocktail mixer for advertisers. "Direct evidence is evidence which proves a fact without inference or presumption." (Trop v. Sony Pictures Entertainment, Inc., supra, 129 Cal.App.4th at p. 1145.)