Quinn

INTRODUCTION

Plaintiff filed the present action alleging disability discrimination in violation of the California Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.) and state common law against his former employer (a national bank) and his former supervisor. The bank and supervisor moved for summary judgment, asserting that plaintiff’s causes of action were preempted by section 24 of the National Bank Act, title 12 United States Code section 24 , paragraph Fifth (section 24), which grants national banks the power to dismiss officers “at pleasure.” The trial court agreed that plaintiff’s causes of action were preempted and granted summary judgment.

We reverse in part. We conclude that section 24’s “at pleasure” clause was impliedly amended by the Americans with Disabilities Act of 1990 (ADA), title 42 United States Code sections 12101 to 12213. As amended, section 24 preempts FEHA only to the extent that FEHA’s disability provisions exceed the requirements of the ADA. Because the bank has not demonstrated that plaintiff’s FEHA claims are preempted in their entirety by section 24, we reverse the grant of summary judgment for the bank as to those claims.…