Employment Law Blog

California has adopted the three-stage burden-shifting test established by the United States Supreme Court in McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792 for trying claims of discrimination. Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 354. The so-called “McDonnell Douglas” test “reflects the principle that direct evidence of intentional discrimination is rare, and that such claims must usually be proved circumstantially.” Id. The first step in the test is for Gonzales to establish a prima facie case of discrimination. The particular elements of a prima facie case “may vary depending on the particular facts.” Id.

Government Code section 12941(a) of the Fair Employment and Housing Act (“FEHA”) provides in pertinent part that it is unlawful employment practice for an employer to discharge, dismiss, or otherwise discriminate against any individual over the age of 40 on the basis of age.

Government Code section 12941(a) of the Fair Employment and Housing Act (“FEHA”) provides in pertinent part that it is unlawful employment practice for an employer to discharge, dismiss, or otherwise discriminate against any individual over the age of 40 on the basis of age.