OPERATING ENGINEERS LOCAL 3 v. Johnson

Plaintiffs Bonita Vinson and her bargaining representative, Operating Engineers Local 3, affiliated with the International Union of Operating Engineers, AFL-CIO (Local 3) brought this action against Sylvia J. Johnson, individually and in her capacity as the Chief Probation Officer of the County of Alameda, and against the County of Alameda. In the unpublished portion of this opinion we reject the contentions presented by plaintiffs’ appeal from the judgment denying them the full measure of relief they requested under various causes of action. In the published portion of the opinion, we address an issue raised by defendants’ cross-appeal, and affirm the judgment awarding Vinson damages against her employer for the invasion of her constitutionally protected right of privacy. We reject the contention that this claim is barred by the exclusivity provisions of the Workers’ Compensation Act (Lab. Code, § 3600 et seq.).

I.-IL

HI. DISCUSSION

A.-C*

D. The trial court correctly ruled that workers ’ compensation is not the exclusive remedy for the breach of Vinson’s constitutional right of privacy.

Defendants have cross-appealed from the judgment insofar as it awarded Vinson…