Smith v. Alum Rock Union Elementary School District

In an order granting defendants’ motion for summary adjudication, the trial court determined that “[p]laintiff cannot, as a matter of law, state a cause of action for age discrimination under California Government Code [section] 12941.” Plaintiff subsequently dismissed her action and filed this appeal. She asserts that she stated a cause of action under Government Code section 12941 and that the statute’s exceptions clause was inapplicable because the statute mandating the discrimination, Education Code section 23902, conflicted with federal law in violation of the United States Constitution’s supremacy clause. For the reasons expressed below, we reverse.

Facts

Plaintiff had been employed as a teacher by defendant Alum Rock Union Elementary School District (hereafter District) since 1964. On January 24, 1984, plaintiff was injured in an industrial accident. At this time, plaintiff was 64 years old. Over the next year, plaintiff received sick pay and differential pay. In January 1985 District notified plaintiff that she had exhausted these forms of compensation. Because she remained disabled and unable to work, plaintiff inquired about her eligibility for a disability…