Romano v. Rockwell Internat., Inc

In Romano v. Rockwell Internat., Inc. (1996) 14 Cal.4th 479, the plaintiff learned his employer intended to terminate his employment in roughly two-and-a-half years, and it asked him to complete a teaching fellowship for much of the remainder of his time with the company and then to retire at the age of approximately 59 years. After retiring, the plaintiff filed an administrative complaint with DFEH, and he eventually sued the employer on various grounds, including a claim under FEHA for his being unlawfully discharged because of his age. (Romano, supra, 14 Cal.4th at pp. 484-485.) The employer claimed plaintiff's FEHA claim was barred because he failed to file his administrative complaint with DFEH within one year of being informed that he would be terminated some two years later. The Supreme Court disagreed. The unlawful employment practice was the discharge, and the discharge occurred when the plaintiff actually retired, not the earlier date where he was informed he would have to retire two years into the future. (Romano, supra, 14 Cal.4th at pp. 492-493.) The case established the rule that the FEHA statute of limitations begins to run at the time of termination. (Id. at p. 500.)