Carroll v. City and County of San FranciscoAnnotate this Case
Plaintiff was 43 years old when she began working for Defendants. She worked for approximately 15 years before retiring at age 58 due to rheumatoid arthritis. In 2000, Plaintiff successfully applied for disability retirement. Years later, Plaintiff brought a putative class action lawsuit, alleging that Defendants discriminate on the basis of age in violation of the Fair Employment and Housing Act (FEHA) (Gov. Code, 12900) by providing reduced disability retirement benefits to older employees who took disability retirement after working for the City for less than 22.22 years. Plaintiff alleged that she became aware her retirement benefits were based on her age after seeing an advertisement on or about July 20, 2017, more than 17 years after her retirement. The court dismissed on the ground that Plaintiff did not file a complaint with the Department of Fair Employment and Housing within one year of the date the alleged unlawful employment practice occurred. The court of appeal reversed. The disparate treatment and disparate impact claims were timely with respect to the allegedly discriminatory disability retirement payments that Plaintiff received within one year of the date on which she filed her DFEH complaint.