Vernon

The trial court sustained the demurrer of the State of California (hereafter respondent or the State) without leave to amend, and entered judgment against appellant in his action for employment discrimination (Gov. Code, § 12940), violation of civil rights ( 42 U.S.C. §§ 1981 , 1983), and declaratory relief. Appellant argues that he is entitled to maintain his causes of action even without a direct employment relationship with respondent. We conclude that the State is not subject to liability to appellant, and affirm the judgment.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Appellant alleged in his first amended complaint that he is “an African-American male” who has been employed as a firefighter by the City of Berkeley (hereafter the City or Berkeley) since February of 1978. During his years as a firefighter, appellant has been afflicted with a chronic, hereditary “dermatological disorder” called psuedofolliculitis barbae, which occurs “exclusively in African-American males,” and causes facial hairs to “curl back into the facial skin.” Treatment of psuedofolliculitis barbae requires “cessation of shaving,” among other therapy, to avoid the pain and disfigurement…