Dinslage v. City and County of San FranciscoAnnotate this Case
Beginning in 1972, Dinslage was employed by the San Francisco Recreation and Parks Department. As part of a large-scale restructuring, Dinslage‘s employment classification was eliminated in 2010. He was one of many employees who were laid off. Although he applied to be rehired in a newly created classification, he was not offered a position. He then retired from city employment. Dinslage sued, alleging age discrimination, retaliation, and harassment in violation of the California Fair Employment and Housing Act (FEHA). (Gov. Code 12940(a), (h), (j).) The defendants claimed, with supporting evidence, that their actions were taken for legitimate, nondiscriminatory reasons. Dinslage had refused to cooperate in the implementation of a new Department policy, moving away from separate recreational events for the disabled and toward inclusion in general events. The trial court granted the defendants summary judgment. The court of appeal affirmed rejection of Dinslage‘s age discrimination and retaliation claims. Dinslage‘s opposition to Department policies and practices he viewed as discriminating against disabled members of the general public is not protected activity because his opposition was not directed at an unlawful employment practice.