This Law Firm Publication by Jackson Lewis LLP discusses the California Court of Appeal's September 5, 2013 decision in Alamo v. Practice Management Information Corp. It follows the California Supreme Court's decision in Harris v. City of Santa Monica on the "mixed-motive defense" in employment discrimination claims under the California Fair Employment and Housing Act (FEHA). In Alamo, the Court of Appeal held that the employee must prove her pregnancy was a "substantial motivating reason" for her termination, not just a "motivating reason." However, the Court of Appeal also ruled in Alamo that the employer waived its right to invoke Harris because it did not plead that defense in its answer. The case is a cautionary tale for employers about the need to file appropriate answers in the wake of Harris.