Opinion

Rojo v. Kliger

  • 52 Cal. 3d 65
  • 276 Cal. Rptr. 130
  • 90 Daily Journal DAR 14460
  • 801 P.2d 373
  • 6 I.E.R. Cas. (BNA) 530
Court
California Supreme Court
Filed
Dec 20, 1990
Status
Published
Author
Broussard
On the bench
Panelli, Broussard
Cited by
330 cases
Authority
More cited than 7.0%

Questioned — as noted by a later court

holding that, although an employee must exhaust administrative remedies under California’s Fair Employment and Housing Act before bringing suit on a cause of action under the Act or seeking the relief provided therein, “exhaustion is not required before fifing a civil action for damages alleging nonstatutory causes of action”

How later courts described this case

  • holding that, although an employee must exhaust administrative remedies under California’s Fair Employment and Housing Act before bringing suit on a cause of action under the Act or seeking the relief provided therein, “exhaustion is not required before fifing a civil action for damages alleging nonstatutory causes of action”
  • holding that "although an employee must exhaust the FEHA administrative remedy before bringing suit on a cause of action under the act or seeking the relief provided therein, exhaustion is not required before filing a civil action for damages alleging nonstatutory causes of action"
  • holding that despite the comprehensive statutory scheme in the Fair Employment and Housing Act, the statute did not preempt common law tort actions for discrimination
  • dismissing Unruh Act claim where plaintiffs’ complained of “punishments 6 stemmed from his employment relationships” with defendants

Written by the judges who cited it.

Later courts went against this

  • Questioned — as noted by a later court

    Randall Co., 144 Cal. App. 3d 514, 194 Cal. Rptr. 520 (1983), called into doubt by Rojo.
    medium confidence

The opinion

BROUSSARD, J.

I concur.

I agree with the majority that an employee may bring a common law action for injuries arising from sexual discrimination or harassment without exhausting remedies under the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.). However, for the reasons stated in my dissenting opinion in Peralta Community College Dist. v. Fair Employment & Housing Com., ante, page 40 [ 276 Cal.Rptr. 114 , 801 P.2d 357 ], I disagree with language in the majority opinion asserting that the Fair Employment and *92 Housing Commission lacks authority to award compensatory damages for such injuries.

Kennard, J., concurred.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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