Arriaga

Plaintiff Bethsaida Arriaga appeals from a judgment in favor of defendant Loma Linda University (the University) on her complaint for discrimination based on sex, marital status, and pregnancy. Arriaga contends that (1) a triable issue of material fact existed as to whether the University received funding from the state and had therefore lost its exemption as a nonprofit religious corporation under the California Fair Employment and Housing Act (FEHA), Government Code section 12900 et seq.; and (2) she had the right to assert a private action under section 11135. We conclude the University was excluded under the FEHA regardless of whether it received state funding. We also conclude that section 11135 does not provide the right to a private action.

Facts

In December 1984, Arriaga was hired by the University as a media technician for the University’s Del E. Webb Memorial Library (Library). The University, organized as a nonprofit religious corporation under California laws, is part of the Seventh Day Adventist Church (Church).

The University informed all its employees that their failure to comport themselves in a manner consistent with the tenets of the Church would lead…