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Rainbow Acres Update
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FOR IMMEDIATE RELEASE

COURT ALLOWS RAINBOW ACRES SUIT FOR SEX AND RACE DISCRIMINATION TO PROCEED

Court Overrules and Denies Defendant Rainbow Acres Health Food Store's Demurrer that Discrimination Against Black Male Acceptable When "Too Many Guys" Already Employed by Store

December 2, 2000, LOS ANGELES, CALIFORNIA -- On Thursday, November 30, 2000, the Los Angeles Superior Court Judge, Hon. Morris B. Jones, overruled (i.e., denied) the Defendant Rainbow Acres' Demurrer to the Plaintiff Tony Woods First and Second Causes of Action for Sex and Race Discrimination, contained in the Complaint he had filed on August 30, 2000, as Los Angeles Superior Court Case No. BC236040.  The Court stated that the Plaintiff Tony Woods had properly alleged causes of action for Sex and Race Discrimination in the alternative, and that they were adequate to withstand a Demurrer.  The Defendant Rainbow Acres took the position in their Demurrer that discrimination against males when a hiring manager feels that the store has "too many guys" is legal and does not violate the anti-discrimination laws of the State of California.  However, the Court agreed with the Plaintiff Tony Woods in holding that these allegations constitute discrimination in violation of California's prohibition against considering sex as a basis for hiring, in violation of California Government Code §12940(a), a part of California's Fair Employment and Housing Act ("FEHA").  The Plaintiff alleged in the alternative that he may have been discriminated on the basis of race with the stated reason given to him for not hiring him, that the store had "too many guys," being merely a pretext.

The Plaintiff Tony Woods is represented by Scott D. Myer of the Myer Law Firm, who handles cases involving sexual harassment, employment discrimination and personal injury law.

AUGUST 29, 2002 UPDATE:  Court of Appeals reverses Superior Court's prior dismissal of case by reinstating sex/gender discrimination cause of action.  Clink on this link to view the Court of Appeals Decision.  You will need the Adobe Acrobat Reader (available free from Adobe's website) to view the Decision.

For More Information Contact:

Scott D. Myer
MYER LAW FIRM
1800 Century Park East, Suite 600, Los Angeles, CA 90067
Tel: 310.277.3000
Fax: 310.492.5413
Web: bestlawyer.com®
Email: sdm@myerlaw.com

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Last modified:  Wednesday, February 22, 2006.