Discrimination Against Member Of Armed Forces Must Be By Employer.

Military and Veterans Code §394 says “no person shall discriminate against” any member of the military.  Lt. Mario Pantuso was called to active duty in the Navy, and when he returned from Iraq his supervisor terminated him.  The Lieutenant sued the supervisor.  The Court of Appeal compared the statute to the Fair Employment and Housing Act, FEHA, Government Code §12900 et seq., which has similar language and goals, and concluded that “person” means employers and not individual employees.  Haligowski v. Superior Court (Mario Pantuso) (Cal. App. Second Dist., Div. 3; November 10, 2011) 200 Cal.App.4th 983.