Opposing Employer Actions Directed At General Public Not Protected Activity

David Dinslage sued his former employer, the Recreation and Parks Department for the City and County of San Francisco, claiming that it violated FEHA by terminating his employment because of his opposition to Department actions that discriminated against people with disabilities. The City moved for summary judgment, arguing that Dinslage was fired for good reasons, including budgetary constraints and his opposition to program changes regarding the Department's services. The City also argued that Dinslage had no case for retaliation because he had not engaged in protected activity. The trial court granted the motion, finding the City had legitimate non-discriminatory reasons for discharging Dinslage, and that his opposition—concerning conduct directed at members of the general public, not employees—was not protected activity under FEHA.