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Bennett v. Borden, Inc.

Citations: 56 Cal. App. 3d 706; 128 Cal. Rptr. 627; 1976 Cal. App. LEXIS 1395; 11 Empl. Prac. Dec. (CCH) 10,703; 18 Fair Empl. Prac. Cas. (BNA) 1318Docket: Civ. 15046

Court: California Court of Appeal; January 15, 1976; California; State Appellate Court

Narrative Opinion Summary

The case involves a plaintiff who filed a civil action against his former employer, alleging age discrimination following his discharge. The Court of Appeals of California upheld a summary judgment favoring the defendants on the grounds that the plaintiff failed to exhaust his administrative remedies as mandated by the Fair Employment Practice Act. This Act requires individuals alleging age discrimination to file a complaint with the Fair Employment Practice Commission (FEPC) within one year of the alleged discriminatory act. The court underscored that this exhaustion is a jurisdictional prerequisite before judicial intervention can occur. The plaintiff argued that the administrative remedy was inadequate, but the court maintained that the agency must first determine its jurisdiction. The court also referenced previous cases to highlight that the plaintiff's belief in the futility of administrative action was unfounded, as he did not formally initiate FEPC proceedings. The plaintiff's petition for a Supreme Court hearing was denied, affirming the lower court's decision and the necessity of adhering to prescribed administrative processes before seeking judicial remedies.

Legal Issues Addressed

Exhaustion of Administrative Remedies under the Fair Employment Practice Act

Application: The court ruled that plaintiffs alleging age discrimination must exhaust administrative remedies by filing a complaint with the Fair Employment Practice Commission before seeking judicial relief.

Reasoning: The Court of Appeals of California upheld the grant of summary judgment in favor of the defendants, determining that Bennett failed to exhaust his administrative remedies as required by the Fair Employment Practice Act within one year of his discharge.

Inadequacy of Administrative Remedies

Application: The court found the plaintiff's claims of inadequate administrative remedies to be based on a misunderstanding of procedure, emphasizing that administrative action must be pursued before claiming futility.

Reasoning: The plaintiff's assertion was deemed based on a limited understanding of the Fair Employment Practices Commission (FEPC) and an unfounded belief in the futility of pursuing administrative action.

Jurisdictional Prerequisite

Application: Exhausting administrative remedies is a jurisdictional prerequisite before a court can hear a case involving claims of age discrimination.

Reasoning: The court emphasized that exhausting administrative remedies is a jurisdictional prerequisite before seeking judicial relief and noted that the Fair Employment Practice Act provided a clear process for resolving such complaints.