Peatros v. BANK OF AMERICA NT & SA

BROWN, J.—

I dissent.

On close examination, the question before us takes on the aspect of the proverbial “riddle wrapped in a mystery inside an enigma.”1 Both state and federal courts have variously concluded the “at pleasure” dismissal provision of 12 United States Code section 24, Fifth (section 24, Fifth), fully preempts wrongful termination causes of action under state antidiscrimination statutes, partially preempts such claims, or has no preemptive impact whatsoever. The absence of a clear consensus in this decisional authority reflects the lack of guidance from the United States Supreme…