November 30, 2022

Volume XII, Number 334

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Workers’ Comp Determination Does Not Govern Outcome Of Discrimination Case

Kaur v. Foster Poultry Farms LLC, 2022 WL 4243090 (Cal. Ct. App. 2022)

Gurdip Kaur sued her former employer, Foster Farms, for discrimination based on disability and race/national origin, retaliation and violation of the whistleblower statute (Cal. Lab. Code § 1102.5).  Prior to filing this lawsuit, Kaur filed a petition against Foster Farms with the Workers’ Compensation Appeals Board (the “WCAB”), asserting a violation of Cal. Lab. Code § 132a (prohibiting retaliation against an employee who has filed a workers’ compensation claim).  After the WCAB denied Kaur’s Section 132a claim, Foster Farms filed a successful motion for summary judgment in the civil action, claiming the WCAB’s ruling should be accorded res judicata/collateral estoppel effect.  The Court of Appeal reversed the judgment, holding that the WCAB ruling in favor of Foster Farms did not dispose of Kaur’s claims of disability discrimination, retaliation and violation of the whistleblower statute.  However, the court affirmed summary adjudication of Kaur’s claim of race/national origin discrimination against two supervisors on statute of limitations grounds.

© 2022 Proskauer Rose LLP. National Law Review, Volume XII, Number 283
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About this Author

Anthony J Oncidi, Employment Attorney, Proskauer Rose Law Firm
Partner

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office. Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection....

310-284-5690
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