Thomas v. Department of Corrections

Opinion

GAUT, J.— 1. Introduction

Carla A. Thomas (Thomas), an African-American woman, began working at the California Department of Corrections (Department) as a corrections [509]officer in 1987. She alleges that beginning in 1989 she was subjected to racial and gender discrimination and to retaliation for her reports of such discrimination, all in violation of the California Fair Employment and Housing Act.1

She appeals from the trial court judgment sustaining the Department’s demurrer to her first amended complaint without leave to amend. She contends that her first amended complaint sufficiently alleged that the Department was guilty of adverse employment actions in retaliation for her charges of discrimination, and, in any event, the trial court erred in sustaining the demurrer without leave to amend.

We affirm the judgment because we conclude that Thomas failed to exhaust her administrative remedies and because the proposed second amended complaint failed to state a cause of action.

2. Facts

Thomas began work for the Department in March 1987. She began to complain about racial and sexual discrimination in 1989. In May 1993 Thomas filed a complaint with the Equal Employment Opportunity Commission (EEOC)2 charging the Department with retaliation for her September 1992 charge of discrimination. The alleged retaliation consisted of refusing to allow her a choice of posts or days off and falsely accusing her of refusing to obey orders and “locking down a unit.”

Thomas also filed a charge with the Fair Employment and Housing Agency (FEHA) in May 1996 alleging harassment by a correctional sergeant in March and April 1996 because of her sex and race and because she filed an EEOC complaint.

In August 1997 Thomas filed another FEHA complaint. She alleged retaliation consisting of the Department’s refusal to provide her medical aid when she became ill at work and its intimidation of coworkers whose depositions she wanted to take in connection with her charges against the Department.

After receiving the necessary right to sue letters from the FEHA, Thomas filed this action on November 20, 1997.

In April 1998 Thomas filed another FEHA complaint in which she alleged retaliation in the form of receiving orders to perform various duties from supervisors who were not “her” supervisors.