John “Jack” McInerney (appellant) appeals from a judgment entered against him on his claims against the Regents of the University of California through the University of California at Los Angeles (UCLA) brought pursuant to the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.), including discrimination pursuant to section 12952 (colloquially referred to as the fair chance act or FCA), retaliation pursuant to section 12940, subdivision (h), and failure to prevent retaliation pursuant to section 12940, subdivision (k). The trial court summarily adjudicated appellant’s claims for retaliation and failure to prevent retaliation. As to appellant’s claims under the FCA, the trial court ruled UCLA “properly and lawfully” followed the requirements of the statute in all ways but one: it failed to give appellant five business days to submit evidence of rehabilitation or mitigation regarding his criminal convictions. The question of whether this violation caused appellant harm was decided by jury trial. The jury decided against appellant.
Appellant appeals, arguing the trial court erred in summarily adjudicating appellant’s retaliation and failure to prevent retaliation claims; preventing the jury from considering appellant’s substantive claims under the FCA; and requiring harm beyond the mere denial of the FCA’s statutory five-day response period.
For the reasons set forth below, we affirm the judgment.
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