California Court of Appeal

Judgment in favor of defendant-employer in an age discrimination suit is affirmed, where: 1) the trial court properly precluded plaintiff from pursuing a disparate impact theory at trial because plaintiff's pleadings solely alleged a theory of disparate treatment, based upon intentional discrimination; 2) the trial court properly allowed defendant to present evidence that plaintiff failed to pursue defendant's internal grievance procedure before filing suit, which was relevant to mitigation of damages; and 3) plaintiff's remaining contentions are without merit.

Appellate Information

• Decided 05/28/2014
• Published 05/28/2014

Judges

• KLEIN

Court

• California Court of Appeal

Counsel