Renteria

The question presented by this appeal is whether an employee’s civil action against his employer and fellow employees for intentional infliction of emotional distress is barred by the exclusive remedy provisions of the Workers’ Compensation Act (Lab. Code § 3200 et seq.). We hold that it is not.

Plaintiff filed a complaint in the court below alleging that he is an investigator for the Orange County Department of Social Services and that defendants, his employer and fellow employees, treated plaintiff in a rude and degrading manner, placed him under surveillance, subjected him to lengthy interrogations, and discriminated against plaintiff because of his Mexican-American descent, “with the object and intent to force or cause plaintiff to suffer humiliation, mental anguish and emotional and physical distress, and to cause plaintiff to resign his position of employment or to be fired or dismissed therefrom.” Plaintiff requested compensatory and punitive damages for intentional and negligent infliction of emotional distress, damages for a violation of the California Fair Employment Practices Act, and an injunction.

Defendants demurred to the complaint on several grounds, but…