Myers v. CalPERS
Joseph Myers, Clifford P. Record, Terry Sutherland and Kenneth Matson, on behalf of themselves and similarly situated individuals (appellants), appeal from a judgment entered after the trial court sustained a demurrer to their second amended complaint without leave to amend. They assert the trial court erred in ruling that respondents California Public Employees Retirement System (CalPERS), the Board of Administration of CalPERS and the Boards members, the State of California (State) and each of the States agencies and subdivisions are protected from liability for age discrimination under California Code of Regulations, Title 2, section 7286.7, subdivision (f) (Regulation 7286.7), which provides: Notwithstanding a showing of discrimination, such an employment practice is lawful where required by state or federal law . . . . Court conclude there was no error and affirm the judgment.
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