In Carroll v. City and County of San Francisco, the Court held that an unlawful employment practice occurred each time a worker received an allegedly discriminatory disability retirement check, such that a new limitations period applies to each allegedly discriminatory check. Plaintiff was 43 years old when she began working for the City and County of San Francisco.  She worked for the City for approximately 15 years before retiring at age 58 due to rheumatoid arthritis.  On June 22, 2000, plaintiff applied for disability retirement, and the City granted her request shortly thereafter. After that, plaintiff received monthly disability retirement benefit payments from defendants. Plaintiff brought a putative class action lawsuit on behalf of herself and others similarly situated, alleging that defendants discriminated on the basis of age in violation of FEHA by providing reduced disability retirement benefits to older employees who took disability retirement after working for the City for less than 22.22 years. The Charter for the City and County of San Francisco (Charter) contained the formula that defendants use to calculate the benefit for employees who retire due to disability.  She alleged the formula was illegal.  Plaintiff alleged that she became aware that defendants paid her retirement benefits based on her age after seeing an advertisement on or about July 20, 2017, which was more than 17 years after her retirement.  She filed her complaint with the DFEH on November 17, 2017. Defendants demurred, arguing that the statute of limitations barred her claims because she failed to timely file an administrative charge with the DFEH.  The court sustained the demurrer, holding that plaintiff did not file a complaint with the DFEH within one year of the date the alleged unlawful employment practice occurred. Plaintiff appealed. The Court of Appeal reversed. It held that plaintiff’s disparate treatment and disparate impact claims were timely with respect to the allegedly discriminatory disability retirement payments plaintiff received within one year of the date on which she filed her DFEH complaint.  The Court held that an unlawful employment practice occurred each time a worker received an allegedly discriminatory disability retirement check, such that a new limitations period applied to each allegedly discriminatory check.

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