Article 1. Unlawful Practices, Generally - California Government Code Section 12941

12941.  The Legislature hereby declares its rejection of the court
of appeal opinion in Marks v. Loral Corp. (1997) 57 Cal.App.4th 30,
and states that the opinion does not affect existing law in any way,
including, but not limited to, the law pertaining to disparate
treatment. The Legislature declares its intent that the use of salary
as the basis for differentiating between employees when terminating
employment may be found to constitute age discrimination if use of
that criterion adversely impacts older workers as a group, and
further declares its intent that the disparate impact theory of proof
may be used in claims of age discrimination. The Legislature further
reaffirms and declares its intent that the courts interpret the
state's statutes prohibiting age discrimination in employment broadly
and vigorously, in a manner comparable to prohibitions against sex
and race discrimination, and with the goal of not only protecting
older workers as individuals, but also of protecting older workers as
a group, since they face unique obstacles in the later phases of
their careers. Nothing in this section shall limit the affirmative
defenses traditionally available in employment discrimination cases
including, but not limited to, those set forth in Section 7286.7 of
Title 2 of the California Code of Regulations.

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Last modified: February 16, 2015