Dinslage v. City & County of San Francisco, 5 Cal. App. 5th 368 (2016)

David P. Dinslage is a former employee of the Recreation and Parks Department of the City and County of San Francisco. As a result of a large-scale restructuring of the Department, Dinslage’s employment classification was eliminated and he was laid off.  Dinslage alleged age discrimination and retaliation, among other things, under the California Fair Employment and Housing Act (“FEHA”). The trial court granted summary judgment in favor of the Department, and the Court of Appeal affirmed. Dinslage’s retaliation claim was based on his belief that he suffered retaliation because of his opposition to Department actions that allegedly discriminated against disabled members of the general public. Therefore, the Court held that Dinslage had not engaged in any “protected activity” because his opposition was not directed at an unlawful employment practice.