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ESBERG v. UNION OIL CO.

No. G022069.

104 Cal.Rptr.2d 477 (2001)

87 Cal.App.4th 378

Dan ESBERG, Plaintiff and Appellant, v. UNION OIL COMPANY OF CALIFORNIA, Defendant and Appellant, Jeff Winston et al. Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Three.

Review Granted May 16, 2001.

Attorney(s) appearing for the Case

Dale M. Fiola, for Plaintiff and Appellant.

La Follette, Johnson, De Haas, Fesler & Ames, Alfred W. Gerisch, Jr., Dorothy B. Reyes, David J. Ozeran, Michelle M. Wolfe, Los Angeles, and Richard Ettensohn, Brea, for Defendant and Appellant Union Oil Company of California, and Defendants and Respondents Jeff Winston, Walter Aldrich and Paul Jones.

OPINION

O'LEARY, J.

This lawsuit arose when Union Oil Company of California (UNOCAL) denied Dan Esberg, an employee then in his mid 50's, educational assistance benefits to pursue a master's degree in business administration. We must decide if UNOCAL's action constitutes unlawful age discrimination under California's Fair Employment and Housing Act (FEHA), Government Code sections 12900 et seq., or violates...

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