Harris v. City of Santa Monica, Case No. S181004 (Cal. Supreme Court Feb. 7, 2013) (published) is must reading for FEHA practitioners involved in a mixed motive discriminatory case. It adopts a “substantial motivating” factor test for termination, but holds that an employer proving the same decision would have been made absent such discrimination, does not get off scott free. Rather, declaratory or injunctive relief is freely available, including FEHA attorney’s fees recovery by the prevailing plaintiff.