Preventing Workplace Harassment, Discrimination, and Retaliation

Case Study on Age Discrimination

France v. Johnson 40 Employer, a government agency, created four new positions at a higher pay grade than France’s current position. Twenty-four applicants applied ranging in age from 28-54. At 54, France was the oldest applicant. The individuals eventually selected for the positions were aged 44, 45, 47, and 48. Employer argued that it had legitimate, nondiscriminatory reasons for denying France the promotion. However, the Court found that France had presented sufficient evidence to show Employer’s reasons were pretextual, including evidence that (1) France’s supervisor had stated a preference for hiring “young, dynamic agents” to staff the new positions, (2) France’s supervisor had asked France if he wanted to train agents after retiring and France responded that he did not want to retire; (3) France’s supervisor stated, a few months later, that if he were France he would retire as soon as possible, and (4) France’s other supervisor had expressed a preference for promoting younger, less experienced agents.

H. S EXUAL O RIENTATION California law prohibits discrimination and harassment based on sexual orientation . 41 This prohibition protects people who identify as homosexual, heterosexual, or bisexual.

In 2015, same-sex marriage became legal nationwide. 42 Nonetheless, California still recognizes domestic partnerships, which are available to same-sex couples or opposite-sex couples where one spouse is over the age of 62. Under California law, domestic partners must generally be treated as spouses. 43 For employers, this means that domestic partners are protected from discrimination in employment under the FEHA. 44 Public agencies, in particular, are prohibited from discriminating against any person or couple on the grounds that the person “is a registered domestic partner rather than a spouse.” 45

LCW Practice Advisor

I. G ENETIC I NFORMATION The Genetic Information Nondiscrimination Act of 2008 (“GINA”) protects job applicants, current and former employees, labor union members, and apprentices and trainees from discrimination based on their genetic information. GINA applies to employers with 15 or more employees as well as employment agencies, labor organizations, and joint labor-management committees involved in training programs. 46 GINA imposes several different prohibitions on employers. 47 First, GINA prohibits employers from discriminating against employees in terms of hiring, promotion, firing, or any other terms and conditions of employment because of genetic information with respect to that employee or

Preventing Workplace Harassment, Discrimination, and Retaliation ©2019 (s) Liebert Cassidy Whitmore 14