California Unfair Competition Law (UCL)

A California appeals court significantly raised the extent of potential employer liability with a ruling that the state’s Unfair Competition Law (UCL)¹ provides a basis for remedying claims of discrimination in violation of FEHA.

In Herr v. Nestle U.S.A., Inc., an employee filed a lawsuit alleging that he was constructively discharged in violation of FEHA’s age discrimination provisions. He also alleged that an employer that practices age discrimination gains an unfair competitive advantage over employers who comply with the law, because older employees generally receive higher pay than their younger counterparts. The employee succeeded on both claims and was awarded more