Kaur v. Foster Poultry Farms LLCAnnotate this Case
In this employment matter, Plaintiff appealed from the trial court’s grant of summary judgment in favor of her former employer, Defendant and respondent Foster Poultry Farms LLC (Foster Farms), on her claims of discrimination based on disability and race/national origin, and retaliation, under the Fair Employment and Housing Act (FEHA) and Labor Code section 1102.5. The principal issue on appeal is whether a decision by the Workers’ Compensation Appeals Board (WCAB) denying Plaintiff’s claim for disability discrimination under Labor Code section 132a has res judicata or collateral estoppel effect in the instant action.
The Fifth Appellate district reversed the trial court’s judgment. The court held that the trial court’s grant of summary judgment was based on giving collateral estoppel effect to the WCAB decision. The court that Foster Farms is not entitled to summary adjudication, based on application of the collateral estoppel doctrine, on Plaintiff’s claims for disability discrimination, failure to provide reasonable accommodation, and failure to engage in an interactive process. Foster Farms’ argument that summary adjudication is warranted, in light of the WCAB decision, on Plaintiff’s remaining claims for failure to take all reasonable measures to prevent discrimination under FEHA, retaliation for asserting FEHA rights, and retaliation under Labor Code section 1102.5, is unavailing.