Han Giok Han v. Stanford University

In 1980, defendant Stanford University hired plaintiff Han Giok Han as a cook in a Food Service Worker (FSW) Level I position. In 1981, Plaintiff was promoted to FSW II and, by 1983, he held a position as an FSW IV. In 1990, Plaintiff applied unsuccessfully for a vacant FSW V position. After pursuing appropriate administrative remedies, Plaintiff filed an action alleging age and race discrimination, which he later dismissed.

In 1992, Plaintiff again applied unsuccessfully for an FSW V position. After filing a grievance with his union and a charge with the EEOC, Plaintiff brought the present action against Stanford University, its dining services, and five individuals, in state court. Plaintiff alleged various claims for breach of contract, tort claims, and a claim of discrimination based on age, race, color, and national origin. The discrimination claim was grounded only on California’s Fair Employment and Housing Act (FEHA).

Defendants removed the case to federal court on the ground that the Labor Management Relations Act preempted Plaintiffs contract claims. Thereafter the district court granted summary judgment to Defendants. Plaintiff brought a timely appeal, arguing only…