Age Discrimination

Age Discrimination: Disparate Impact

By on April 28, 2015 - Comments off

Rosenfeld v. Abraham Joshua Heschel Day School, (Second District, May 28, 2014) 2014 WL 2200910, — Cal.Rptr.3d —-

A 60 year-old teacher at a private elementary and middle school whose hours were cut by her employer filed an action against the school, asserting causes of action for discrimination on the basis of age under the California Fair Employment and Housing Act (FEHA) ( Gov.Code, § 12940); constructive wrongful termination; failure to prevent discrimination; constructive wrongful termination in violation of public policy; intentional infliction of emotional distress; and negligent infliction of emotional distress. The plaintiff alleged that the defendant had repeatedly and systematically reduced her teaching hours in an effort to force her out of her position because of her age, and replace her with workers under 40. She also alleged that she was forced to resign her employment because her work environment had become intolerable.

Following a verdict in favor of the defendant, the plaintiff appealed, contending that the trial court had erred in precluding her from proceeding with her disparate impact claim in addition to a disparate treatment theory. The court of appeal affirmed, holding that because the plaintiff’s pleadings solely alleged a theory of disparate treatment, based upon intentional discrimination, the trial court properly barred her from pursuing a disparate impact claim at trial: Read the rest »

Posted in: Age Discrimination