She did not file a claim for age discrimination with the Fair Employment and Housing Commission, but did file a lawsuit alleging wrongful discharge in violation of public policy. It would be anomalous to hold an employer liable in tort for age discrimination, even though FEHA's prohibitions did not apply to it. However, when FEHA does apply, there is no such unfairness. The Court went on to find that the state policy against age discrimination was substantial and fundamental. Age, like race and gender, is a product of nature, not individual choice.
Age discrimination results from stereotyping a group, just like race and gender discrimination.
The ban on age discrimination has been the law for 35 years. The policy finds expression in over 30 California code provisions. Huntington Hospital argued that FEHA preempted Stevenson's tortious discharge claim. It did not matter in this case that the policy against gender discrimination pre-dated FEHA, while FEHA established the policy against age discrimination. FEHA supplements, and does not supplant, common law remedies.