Victa

The question presented is whether an injunctive consent judgment, in a federal age discrimination in employment case brought by the United States Equal Employment Opportunity Commission (EEOC), operates as res judicata to bar the complaining employee’s original action for damages under California law. We conclude that in this case the element of privity between the employee and the EEOC was lacking, and therefore the judgment for defendant based on res judicata must be reversed.

I.

In 1985 plaintiff Jessie Louise Victa, who had been an employee of defendant Merle Norman Cosmetics, Inc. (Merle Norman) for over 10 years, was demoted and then terminated. Plaintiff was 54 years old; upon her demotion, her position went to an employee allegedly 20 years younger. Plaintiff proceeded to file an administrative age discrimination charge with both the EEOC and the California Department of Fair Employment and Housing (DFEH). In accordance with its “work-sharing” agreement with the EEOC, the DFEH withheld action and sent plaintiff a “right-to-sue” notice under Government Code section 12965, subdivision (b). In October 1986, plaintiff commenced this action against Merle Norman,…