ADA "Impliedly Amended" The National Bank Act's Termination-at-Pleasure Clause

more+
less-

Quinn v. U.S. Bank, N.A., 196 Cal. App. 4th 168 (2011)

Robert Quinn, a former senior vice president of U.S. Bank, alleged he was denied accommodation, harassed and terminated because of a physical disability in violation of the Fair Employment and Housing Act. U.S. Bank obtained summary judgment from the trial court on the ground that Quinn’s FEHA claims were preempted by the dismissal-at-pleasure clause of the National Bank Act, 12 U.S.C. § 24. The Court of Appeal determined that the “seminal California case” on the subject, Peatros v. Bank of America, 22 Cal. 4th 147 (2000), is not “binding precedent” because the lead opinion was a plurality, not a majority opinion. Consequently, the Court held that “to the extent FEHA is not inconsistent with section 24 as impliedly amended by the ADA, it is not preempted” and, therefore, FEHA’s longer statute of limitations applies, but Quinn’s claims against his supervisor are preempted because there is no individual supervisor liability under the ADA. See also People ex rel. Harris v. Pac Anchor Transp., Inc., 195 Cal. App. 4th 765 (2011) (California’s Unfair Competition Law is not preempted by the Federal Aviation Administration Authorization Act).


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Proskauer - California Employment Law | Attorney Advertising

Written by:

more+
less-

Proskauer - California Employment Law on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×