Schifando

We address an issue in this case that the California Supreme Court has identified but has not decided. The issue is whether a city employee must exhaust both the administrative remedy provided by the California Fair Employment and Housing Act (FEHA) (Gov.Code, § 12900 et seq.) and an administrative remedy provided by the city charter. We conclude consistent with the purposes of the exhaustion of administrative remedies requirement that a city employee must exhaust both administrative remedies before filing suit.

Plaintiff Steve Schifando appeals the dismissal of his complaint against defendant City of Los Angeles after the court sustained without leave to amend the city's demurrer to his complaint. The complaint alleges a single count for employment discrimination based on physical disability under FEHA. Schifando contends (1) the complaint adequately alleges exhaustion of the administrative remedy provided by FEHA; (2) any pleading defect can be corrected, so the court abused its discretion by sustaining the demurrer without leave to amend; and (3) he need not exhaust the administrative remedy provided by the city charter. We affirm the judgment based on his…