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August 05, 2020

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Statute Of Limitations Runs From The Date Of Each Allegedly Discriminatory Payment

Carroll v. City & County of San Francisco, 2019 WL 5617019 (Cal. Ct. App. 2019)

Joyce Carroll retired from her job working for the City of San Francisco in 2000 due to rheumatoid arthritis; since that time, Carroll received monthly disability retirement benefit payments. Plaintiff alleged that she became aware in 2017 (17 years after she had retired) that the City provided employees such as herself who were over the age of 40 when they were hired “reduced retirement benefits” by using a standard policy that has a disparate impact on older employees. Carroll filed her complaint with the Department of Fair Employment and Housing (“DFEH”) in 2017. In response to the putative class action lawsuit Carroll filed, the City filed a demurrer, claiming Carroll had failed to timely file an administrative charge with the DFEH. The trial court sustained the demurrer with leave to amend to allow the substitution of a new named representative to properly represent the putative class. In this opinion, the Court of Appeal reversed the trial court and determined that allegedly discriminatory payments made within the limitations period (i.e., in and after 2016) are actionable wrongs under the FEHA.

© 2020 Proskauer Rose LLP. National Law Review, Volume IX, Number 315


About this Author

Anthony J Oncidi, Employment Attorney, Proskauer Rose Law Firm

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office. Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection....