In the Mentor Blog today, Lynn Jokela writes about
mandatory board retirement age policies at S&P 500
companies. Are such policies illegal in California?
California's Unruh Civil Rights Act which provides:
[a]ll persons within the jurisdiction of this state are free and
equal, and no matter what their sex, race, color, religion,
ancestry, national origin, disability, medical condition, genetic
information, marital status, or sexual orientation are entitled to
the full and equal accommodations, advantages, facilities,
privileges, or services in all business establishments of every
kind whatsoever.
Civ. Code § 51. The statutory listing of
categories protected from discrimination is long, but it is not
exclusive. Courts have held that the Act is intended to
prohibit all arbitrary discrimination by
business establishments, regardless of whether the basis for that
discrimination is listed in the statute. Javorsky v.
Western Athletic Clubs, Inc., 242 Cal.