Defendant Mercy High School'S Demurrer To Plaintiff'S Second Amended Complaint
SET FOR HEARING ON WEDNESDAY, JULY 19, 2017, LINE 11
Defendant Mercy High School'S Demurrer To Plaintiff'S Second Amended Complaint, as to the first three causes of action in the second amended complaint
OVERRULED as to all three causes of action. Both parties' requests for judicial notice are GRANTED. The determination of whether Mercy High School is exempt from the FEHA is whether it is a (i) religious association or corporation not organized for private profit ("nonprofit religious corporation") or a (ii) nonprofit public benefit corporation formed by, or affiliated with, a particular religion and that operates an educational institution as its sole or primary activity ("religious nonprofit public benefit educational institution corporation"). A nonprofit religious corporation is not an "employer" under FEHA and therefore enjoy broads immunity from FEHA. (Government Code 12926(d) (defining "employer"
Hearing Date
July 19, 2017
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Defendant Mercy High School'S Demurrer To Plaintiff'S Second Amended Complaint
SET FOR HEARING ON WEDNESDAY, JULY 19, 2017, LINE 11
Defendant Mercy High School'S Demurrer To Plaintiff'S Second Amended Complaint, as to the first three causes of action in the second amended complaint
OVERRULED as to all three causes of action. Both parties' requests for judicial notice are GRANTED. The determination of whether Mercy High School is exempt from the FEHA is whether it is a (i) religious association or corporation not organized for private profit ("nonprofit religious corporation") or a (ii) nonprofit public benefit corporation formed by, or affiliated with, a particular religion and that operates an educational institution as its sole or primary activity ("religious nonprofit public benefit educational institution corporation"). A nonprofit religious corporation is not an "employer" under FEHA and therefore enjoy broads immunity from FEHA. (Government Code 12926(d) (defining "employer"