Marques
Marques v. Bank of America
Opinion
Opinion
Haerle, J.
I. Introduction
Virginia M. Marques appeals from a summary judgment in favor of her former employer, Bank of America, NT & SA. She contends the trial court erred in finding that all her claims were preempted by the National Bank Act.
II. Factual and Procedural Background
On December 29, 1994, Marques filed a wrongful discharge complaint alleging that she was a 57-year-old Hispanic woman who had worked for Bank of America for 38 years, was promoted to vice-president in 1992, and terminated in 1994. She alleged causes of action for unlawful discrimination based on age, sex, and national origin under California’s Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.), as well as for violation of the state’s Equal Pay Act (Lab. Code, § 1197.5), wrongful termination in violation of public policy (FEHA; Unemp. Ins. Code, § 2070 et seq.), breach of contract, and breach of the covenant of good faith and fair dealing. In its answer, the bank asserted as an affirmative defense that all Marques’s claims were preempted by section 24, Fifth of the National Bank Act ( 12 U.S.C. § 21 et seq.). On January 8,1996, the bank filed a motion for summary judgment on preemption…