Langridge v. Oakland Unified School District

Opinion

KING, J.— I. Introduction

In this case we hold that claims against an employer under the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) for physical disability discrimination based on a work-related injury are preempted by the exclusive remedy provisions of the workers’ compensation law (Lab. Code, §§ 3600, 3601, 3602).

II. Background

Jacqueline Langridge was employed by the Oakland Unified School District. In October 1988, she sustained a work-related injury which resulted in temporary total disability. In December 1990, a workers’ compensation judge made a finding of 53 percent permanent disability and awarded her permanent disability indemnity.

In November 1988, Langridge informed the school district she wished to return to work, asserting she was able to perform the essential functions of her job with reasonable accommodation. (See Gov. Code, § 12940, subd. (a)(1) & (a)(2).) She was not reinstated, however, until March 1991. Langridge sued the school district under the FEHA, claiming physical disability [667]discrimination. (Gov. Code, § 12940.) The school district demurred, asserting the action was barred by workers’ compensation exclusivity. The court sustained the demurrer and rendered an order of dismissal.

III. Discussion

Labor Code section 132a prescribes increased workers’ compensation remedies for any discrimination against an employee based on a work-related injury. (Judson Steel Corp. v. Workers’ Comp. Appeals Bd. (1978) 22 Cal.3d 658, 666-668 [150 Cal.Rptr. 250, 586 P.2d 564].) An employee who is the victim of such discrimination is entitled to a 50 percent increase in compensation up to $10,000, an award of costs and expenses up to $250, and reinstatement and reimbursement for lost wages and work benefits. (Lab. Code, § 132a, subd. (1).)

Is Labor Code section 132a the only state remedy for discrimination based on a work-related injury, to the exclusion of the FEHA? As of 1992, the courts uniformly answered this question affirmatively. (Denney v. Universal City Studios, Inc. (1992) 10 Cal.App.4th 1226, 1235 [13 Cal.Rptr.2d 170]; Fortner v. Safeway Stores, Inc. (1991) 229 Cal.App.3d 542, 547-548 [280 Cal.Rptr. 409]; Pickrel v. General Telephone Co. (1988) 205 Cal.App.3d 1058, 1063-1064 [252 Cal.Rptr. 878].)