Gay Law Students Association v. Pacific Telephone And Telegraph Company

595 P.2d 592 (1979)

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Nature of the Case

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Facts

Ps filed the present class action against Ds. The complaint alleged that D practices discrimination against homosexuals in the hiring, firing, and promotion of employees, asserted the illegality of such employment discrimination, and sought declaratory and injunctive relief. As to the FEPC, the complaint asserted that, contrary to its alleged statutory mandate, the commission had improperly refused to take any action to remedy employment discrimination against homosexuals by D and other employers. D demurred to the complaint, maintaining that even if it had adopted the alleged policy of employment discrimination against homosexuals, California law did not bar such discrimination. FEPC filed an answer to the complaint, taking no position as to the propriety of the action as to D, but asserting that the California Fair Employment Practice Act (FEPA) does not authorize FEPC action as to employment discrimination based upon 'sexual orientation,' i.e., homosexuality. The court sustained D's demurrer without leave to amend and denied Ps' prayer for mandate against the FEPC. Ps appealed.