GEMINI
California Fair Employment & Housing Commission v. Gemini Aluminum Corp.
Opinion
Opinion
Hastings, J.
BACKGROUND
In 1997, Lester Young filed a religious discrimination complaint with the Department of Fair Employment and Housing (the Department) against his former employer, Gemini Aluminum Corporation. The Department issued an accusation, and then a first amended accusation in January 2001.
Gemini contested the accusation, and the matter was heard by an administrative hearing officer in January and February 2001. The Commission reviewed the evidence, declined to adopt the hearing officer’s decision, and issued its own decision on January 10, 2002.
The Commission found that Gemini had discriminated against Young by failing to accommodate his religious beliefs, that it had failed to prevent discrimination, and that it had retaliated against Young for protesting the discrimination, all in violation of Government Code section 12940.
Gemini filed a petition for writ of administrative mandate in the Los Angeles County Superior Court to overturn the decision of the Commission. The Superior Court granted the petition and issued a writ directing the Commission to vacate its decision.
The Department appeals from the judgment, and Gemini appeals from the Superior Court’s denial…