Feng
Feng v. Office of Statewise Health, Planning and Development CA2/4
Opinion
Opinion
Manella, J.
INTRODUCTION
Bing-Nan Feng appeals from a judgment dismissing his complaint of age discrimination, after the superior court entered a directed verdict in favor of respondent Office of Statewide Health Planning and Development (OSHPD). Feng contends there was sufficient evidence showing that his age was a substantial motivating factor in the decision not to hire him, as the decisionmaker expressed concern that Feng recently had retired and would retire again soon. We conclude that it was not improper for the decisionmaker to consider Feng’s prior retirement, as his retirement status was not a proxy for age under the circumstances of this case. Accordingly, we affirm.
PROCEDURAL HISTORY
On February 3, 2012, Feng filed a complaint for monetary damages, alleging (1) age discrimination in violation of the Fair Employment and Housing Act 1 (FEHA), Government Code section 12940, subdivision (a), and (2) failure to prevent age discrimination in violation of section 12940, subdivision (k). In his complaint, Feng alleged that he worked as a senior structural engineer for OSHPD for 12 years and retired in December 2004. In 2009, at the age of 68, he decided to return to work. He applied…