ROSS, v. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT

Filed 1/24/07

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

            George W. Ross, Jr., sued the San Francisco Bay Area Rapid Transit District (BART) for wrongful termination in violation of public policy and for age and disability discrimination in violation of the Fair Employment and Housing Act (FEHA) (Gov. Code, §  12940 et seq.).[1]  He appeals from a summary judgment in favor of BART, asserting that there are triable issues of material fact with regard to each of his causes of action.  We find that summary judgment was properly granted and affirm the judgment.

I.  BACKGROUND

            After 26 years of employment with BART, Ross retired from his position as a central maintenance supervisor in September 2003.  At the time of his retirement Ross was 57 years old and on disability leave.  BART had notified him in February 2002 that it was terminating his employment for dereliction and negligence in the performance of his duties.  It later rescinded the termination notice and suspended Ross for 45 days to take effect when he returned from his disability leave.  Ross filed for a voluntary retirement after unsuccessfully attempting to negotiate a stay of the suspension pending arbitration.

            In September 2002, Ross filed a complaint under FEHA alleging that he was fired because he was â€