 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Shade v. Department of Financial Institutions10/30/2003
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
At the age of 73, plaintiff Ross Shade unsuccessfully sought a position as a financial institutions examiner with the Department of Financial Institutions. He appeals from the judgment in his age discrimination case after the trial court granted defendant's motion for summary judgment. Shade contends it was improper to use an oral interview as the examination, the questions were not directed at determining the applicant's qualifications, and the emphasis on recent experience showed ageism. We find that Shade has failed to show a triable issue of fact as to whether age discrimination occurred and affirm the judgment.
BACKGROUND
In June 2000, Shade applied for the position of financial institutions examiner with the Department of Financial Institutions (DFI). DFI responded that the written examination for the position had been waived and each applicant's score would be based solely on a qualifications appraisal interview. Shade's interview was scheduled for June 27, 2000.
The interview was conducted by Robbin Kleinsorge of the State Personnel Board and Jim Brodie, the Deputy Commissioner of Financial Institutions for Northern California. Marilyn Marcus, a new personnel officer, was present for observation. At the beginning of the interview, Shade expressed concern that he had not been provided opportunities because of his age. He wanted to be "provided the same thing as everybody else . . . ." When he told the interviewers he had a B.S., M.B.A., and J.D. degrees, as well as a C.P.A. certificate, Kleinsorge told him those were not all necessary and the examination was based on his competitiveness with other candidates.
In response to the question about what he had been doing, Shade said he had taken a real estate appraisal class, but did not want to sell houses. The course was self-study. He had helped with a start-up telephone company, preparing offering circulars and financial statements. He spent a day reading "the GAP report." He was not actively doing accounting work; he did not want to do that, he wanted to do auditing work. Shade explained he never passed the bar exam; he did not try to become an attorney. He was a C.P.A. for 36 years, but let the certificate expire in 1990. Within the five years before his retirement he took several continuing education courses.
Shade said he did not need to take computer classes as he had been playing with computers ever since the personal computer was introduced. He had a computer on his desk before his younger partners did. He typed and used Access software, but he did not use Quicken as he thought it was a terrible program.Kleinsorge then asked Shade the four examination questions. The first was: "You are part of an examination team, assigned to examine the books and records of a bank or credit union. The examiner in charge asks you to review a document and gives you specific instructions on what to look for. In your review, you notice something that you don't think is correct; however, this item was not included in the instructions given of you of what to look for. What would you do, and why?"
Shade responded that reminded him of a situation when he was helping with an inventory and noticed the plant had burned down. He wondered if anyone would have told him. He said if he found something he would note it and question it. When prompted for an additional answer
Page 1 2 3 4 5 6 7 California Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|