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California Government Code Section 12941

Legal Research Home > California Lawyer > Government Code > California Government Code Section 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.

Last modified: January 12, 2009