Asare

In this case the trial court dismissed the plaintiff’s discrimination lawsuit because the plaintiff had previously executed a workers’ compensation release. We reverse because the record does not establish as a matter of law that the release covered plaintiff’s discrimination claims. We also find plaintiff has the right to a jury trial on his claims.

Factual and Procedural Summary

In this proceeding plaintiff Gus Asare is pursuing claims under the Fair Employment and Housing Act (FEHA). (Gov. Code, § 12900 et seq.) Asare filed his discrimination complaint on June 4,1987, and named Hartford Fire Insurance Company, three related entities and a coemployee as defendants. The defendants removed the case to the United States District Court for the Southern District of California because Asare had also made claims under title VII of the Civil Rights Act of 1964, 42 United States Code section 2000e et seq. and the Civil Rights Act of 1866, 42 United States Code section 1981 . The district court dismissed the federal claims and remanded the remaining state claims to the superior court.

Shortly after the case was remanded to the superior court, the defendants moved to strike…