# Rojo v. Kliger

> California Supreme Court · December 20, 1990 · 52 Cal. 3d 65

URL: https://www.frixlaw.com/law-library/cases/9631058

## Case

- **Full name:** EMMA ROJO Et Al., Plaintiffs and Appellants, v. ERWIN H. KLIGER Et Al., Defendants and Respondents
- **Court:** California Supreme Court
- **Decided:** December 20, 1990
- **Citations:** 52 Cal. 3d 65; 276 Cal. Rptr. 130; 90 Daily Journal DAR 14460; 801 P.2d 373; 6 I.E.R. Cas. (BNA) 530; 55 Empl. Prac. Dec. (CCH) 40,480; 54 Fair Empl. Prac. Cas. (BNA) 1146; 90 Cal. Daily Op. Serv. 9240; 1990 Cal. LEXIS 5487
- **Precedential status:** Published
- **Opinion:** Concurrence by Broussard
- **Judges:** Panelli, Broussard
- **Cited by:** 330 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Questioned — as noted by a later court.
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9631058

## How later opinions describe it (automated extraction)

- 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 f…
- 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 ac…
- 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
- explaining that a statutory remedy for *1118 a right existing at common law is cumulative with existing remedies

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9631058. Public record. Not legal advice.