Kerrigan

After practicing law in the Midwest for 20 years, Walter F. Kerrigan moved to California in 1971, passed the attorneys’ bar in 1973, and soon thereafter applied for a beginning position in the criminal division of the San Diego City Attorney’s office. Of the many applicants interviewed, five young attorneys were hired, but 55-year-old Kerrigan was not. Believing he was rejected as too old for the job, Kerrigan promptly filed a complaint with the California Fair Employment Practices Commission (FEPC) alleging the city attorney had violated Labor Code section 1420.1, subdivision (a), by denying him employment “solely on the ground of age.” The FEPC made an investigation, then filed a formal accusation against the city attorney, but upon full hearing, denied Kerrigan’s claim finding there was no violation of section 1420.1, subdivision (a). Kerrigan next sought a writ of mandate in the superior court to compel the FEPC to set aside its decision. Upon hearing and review of the transcript of the administrative hearing and the exhibits, the court denied Kerrigan relief. The court, in its letter opinion, found the evidence sufficient to support the FEPC decision under both the…