Snipes

Snipes v. City of Bakersfield

Good Law
145 Cal. App. 3d 861·193 Cal. Rptr. 760·1983 Cal. App. LEXIS 2023·36 Fair Empl. Prac. Cas. (BNA) 1070
Court of Appeal of CaliforniaAugust 10, 1983Civ. 6684California3,795 words

Opinion

Opinion

Hanson, J.

In this appeal we conclude that actions seeking redress for employment discrimination pursuant to the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) are not subject to the claim-presentation requirements of the Tort Claims Act (Gov. Code, § 810 et seq.). Accordingly, we reverse a judgment of dismissal entered after respondents’ demurrer to the complaint was sustained without leave to amend.

The complaint for damages and injunctive relief alleges that appellant, who is black, applied for employment as a police officer with the Bakersfield Police Department and was tested for the position in December 1978; that although appellant was fully qualified, possessing excellent rating reports from the Los Angeles Police Department where he previously had been employed, the Bakersfield Police Department refused to hire him “solely because he was a member of the Black race, in violation of Section 1420 of the California Labor Code;[ ] that Defendant Bakersfield Police Department follows a course and policy of refusing to hire Blacks as police officers; and that by reason of said practices, Defendants have committed unlawful employment…

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