Aviles-Rodriguez

Aviles-Rodriguez v. L. A. Cmty. Coll. Dist.

Good Law
14 Cal. App. 5th 981·2017 Cal. App. LEXIS 746·222 Cal. Rptr. 3d 444
Court of Appeal of CaliforniaAugust 29, 2017B278863California4,356 words

Opinion

lead Opinion

Manella, J.

*983 INTRODUCTION

This case calls upon us to decide an issue previously addressed, though not definitively decided, by our Supreme Court. In Romano v. Rockwell Internat., Inc. (1996) 14 Cal.4th 479 , 59 Cal.Rptr.2d 20 , 926 P.2d 1114 ( Romano ), the court held that under the Fair Employment and Housing Act (FEHA), Government Code section 12900 et seq., 1 a party alleging that a discriminatory act led to the termination of his or her employment has until one year from the date the employment terminated to file an administrative claim. Romano involved an at-will employee; the instant case involves a professor denied tenure. These factual distinctions arguably are of legal significance. Nevertheless, based on our Supreme Court's criticism of a United States Supreme Court case involving a denial of tenure and its disapproval of a California case deemed analogous *446 to a denial of tenure, we interpret the court's reasoning as a directive to apply the holding of Romano to the instant case.

Appellant Guillermo Aviles-Rodriguez previously was employed by respondent Los Angeles Community College District (LACCD) as a professor. On November 21, 2013, a tenure review committee voted to…

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