Esberg v. Union Oil Company

Opinion

KENNARD, J.

In this case, a 53-year-old employee, with the employer’s approval, pursued an undergraduate degree at company expense. Three years later, he sought employer-paid postgraduate education. When the company denied funding, plaintiff brought suit claiming unlawful age discrimination.

This case does not involve any cause of action related to wrongful termination. Instead, plaintiff raises two novel issues related to age discrimination in the furnishing of employee benefits. First, he contends that the California Fair Employment and Housing Act (the FEHA) (Gov. Code, § 12900 et…