Robinson v. Fair Employment & Housing Commission

Opinion

BAXTER, J.

We are asked to construe Government Code section 12926, subdivision (c) (section 12926(c)), which defines “employer” for purposes of the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.), and to determine whether under that section and the *231administrative regulation implementing it, plaintiff was properly subjected to the jurisdiction of the Fair Employment and Housing Commission (FEHC).1

The particular focus of our inquiry is the meaning of the statutory term “regularly employing” as applied to a person who has more than five employees, but has as…