Workers’ comp win doesn’t preclude similar FEHA claim

Coordinating injured employee rights under workers’ compensation, California’s Fair Employment and Housing Act (FEHA), and various state and federal leave laws can be especially challenging since employer obligations are often similar but don’t completely overlap. For the same reason, an employer win on a disability discrimination claim at the Workers’ Compensation Appeals Board (WCAB) generally doesn’t preclude an employee from pursuing (or succeeding) on a FEHA disability discrimination claim in court (or vice versa). A recent case applies this rule, reminding employers the protections for employees with disabilities is very broad under the Act.

Employee’s disability discrimination claims

After Foster Farms repeatedly refused to provide her with a new pair of slip-resistant rubber boots, Gurdip Kaur suffered a workplace injury, resulting in her being able to use only one hand. Three years after the incident, Kaur’s employer announced it would implement a restructuring of two plants. As a result, the Cherry Avenue Plant where Kaur worked would lose 500 positions while the nearby Belgravia Plant would lose 300 positions. Before that, Kaur asked her supervisor for light duty. He told her, “If you can’t do the work, you should just quit.”