MERLE NORMAN COSMETICS, INC., Plaintiff-Appellant, v. Jessie Louise VICTA, Defendant-Appellee

Good Law
91 Daily Journal DAR 7590·936 F.2d 466·1991 WL 110454·56 Empl. Prac. Dec. (CCH) 40,880·56 Fair Empl. Prac. Cas. (BNA) 396
United States Court of Appeals for the Ninth CircuitJune 26, 199190-55927California876 words

Opinion

Opinion

Pregerson, J.

Merle Norman Cosmetics, Inc. (Merle Norman) asked the United States District Court to enjoin Jessie Louise Victa (Victa) from proceeding with a lawsuit that she filed in state court. The state court action charges Merle Norman with age discrimination in violation of California law. The district court dismissed Merle Norman’s complaint for injunctive relief. We affirm.

I

In September, 1985, Jessie Louise Victa, a former employee of Merle Norman Cosmetics, Inc., filed complaints of age discrimination with both the Equal Employment Opportunity Commission (EEOC) and the California Department of Employment and Fair Housing. After receiving a right-to-sue letter from the California agency, she filed suit in state court in 1986. She alleged that Merle Norman discriminated against her in violation of California law. Two years later, in September 1988, the EEOC acted on Victa’s complaint. It filed a civil complaint in federal district court charging Merle Norman with age discrimination in violation of the federal Age Discrimination in Employment Act (ADEA). The EEOC and Merle Norman eventually agreed on a stipulated judgment. It barred any future claims that Victa’s discharge violated…

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