Opinion
NOT TO BE PUBLISHED
San Francisco County Super. Ct. No. 458776
ORDER MODIFYING OPINION AND DENYING REHEARING
William R. McGuiness, P.J
It is ordered that the opinion filed herein on February 16, 2010, be modified as follows:
On page 15, delete the second sentence of the first paragraph under the heading “II. Discrimination in Violation of FEHA,” which currently reads: “ In a disparate treatment case, the plaintiff must show that intentional discrimination was the determinative factor in the adverse employment action. (See Hazen Paper Co. v. Biggins (1993) 507 U.S. 604, 610.)”
Insert the following sentence in its place: “In a disparate treatment case, the plaintiff must show that intentional discrimination “actually played a role” and “had a determinative influence” in the adverse employment action. (Hazen Paper Co. v. Biggins (1993) 507 U.S. 604, 610.)”
The petition for rehearing is denied.
There is no change in the judgment.