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ARTICLE · 04 JUNE 2021

Are Board Retirement Age Policies Illegal?

Allen Matkins Leck Gamble Mallory & Natsis LLP
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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?

United StatesEmployment and HR

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.

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