Dubins

Lester E. Dubins and Milton Sobel, appellants in these consolidated cases, were tenured professors at the University of California (University) compelled to retire at age 70 by a University policy they claim violates state law prohibiting age discrimination. The issue is one of first impression.

I.

The appeals—which challenge orders sustaining the University’s general demurrers to the complaints without leave to amend —require us to interpret Government Code section 12942, a provision of the Fair Employment and Housing Act. (§ 12900 et seq.)

Section 12942, which was originally enacted in 1980 and amended in significant particulars in 1983, states that “Every employer in this state shall permit any employee who indicates in writing a desire in a reasonable time and can demonstrate the ability to do so, to continue his or her employment beyond any retirement date contained in any private pension or retirement plan, [f] This employment shall continue so long as the employee demonstrates his or her ability to perform the functions of the job adequately and the employer is satisfied with the quality of the work performed.”

Subdivision (a) of section 12942, which bears most…