Sinatra

Sinatra v. Chico Unified School District

Good Law
119 Cal. App. 4th 701·14 Cal. Rptr. 3d 661·2004 Cal. App. LEXIS 943·2004 Daily Journal DAR 7324·21 I.E.R. Cas. (BNA) 741
Court of Appeal of CaliforniaJune 18, 2004C044046California2,463 words

Opinion

Opinion

Raye, J.

Plaintiff Charles E Sinatra, a former assistant principal at Chico High School, appeals the summary adjudication and judgment on the pleadings granted defendants Chico Unified School District et al. (the District) on his causes of action for discrimination under the California Fair Employment and Housing Act (the FEHA; Gov. Code, § 12900 et seq.) and for wrongful discharge in violation of public policy (Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167 [ 164 Cal.Rptr. 839 , 610 P.2d 1330 ] (Tameny)). Despite the letter he received in July 2001 transferring him to a full-time teaching position, plaintiff asserts the FEHA claim he filed in August 2002 was timely, notwithstanding the one-year limitation period applicable to FEHA claims, because he believed his request for a part-time administrative position might be granted up until the academic year began in September. He also contends that a program allowing educators who might otherwise retire to work part time constitutes a fundamental and substantial public policy of this state. (Ed. Code, § 44922.) He insists a jury ought to decide whether the District is liable in tort for failing to provide him a part-time…

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