City of Moorpark v. Superior Court

Code section 132a (section 132a) prohibits employers from discriminating against employees “who are injured in the course and scope of their employment.” When an injury of this kind results in disability, we have held that section 132a prohibits discrimination based on the disability. (Judson Steel Corp. v. Workers’ Comp. Appeals Bd. (1978) 22 Cal.3d 658, 667 [ 150 Cal.Rptr. 250 , 586 P.2d 564 ] (Judson Steel).) In addition, the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq. (FEHA)) prohibits various types of employment discrimination, including discrimination based on a disability. (Gov. Code, § 12921.) Finally, we have recognized a common law protection against certain types of discriminatory or retaliatory termination of employment. (Stevenson v. Superior. Court (1997) 16 Cal.4th 880, 897 [ 66 Cal.Rptr.2d 888 , 941 P.2d 1157 ] (Stevenson) [age discrimination]; Gantt v. Sentry Insurance (1992) 1 Cal.4th 1083, 1097 [ 4 Cal.Rptr.2d 874 , 824 P.2d 680 ] (Gantt) [retaliation for testifying truthfully]; Rojo v. Kliger (1990) 52 Cal.3d 65, 90-91 [ 276 Cal.Rptr. 130 , 801 P.2d 373 ] (Rojo) [sex discrimination]; Tameny v. Atlantic Richfield Co. *1148…

I concur in the majority’s conclusion that plaintiff Theresa L. Dillon may pursue a disability discrimination claim under the California Fair Employment and Housing Act (FEHA) *1162 (Gov. Code, § 12900 et seq.). I respectfully dissent from the majority’s conclusion that Dillon can also maintain a common law cause of action for wrongful discharge in violation of public policy. (See Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167 [ 164 Cal.Rptr. 839 , 610 P.2d 1330 , 9 A.L.R.4th 314 ] (Tameny).)

I

The Legislature clearly envisioned at least some circumstances in which workers injured on the job could pursue both workers’ compensation remedies and remedies under FEHA and the Americans with Disabilities Act of 1990 (ADA) ( 42 U.S.C. § 12101 et seq.). In 1993, the Legislature amended Labor Code section 139.6, part of the workers’ compensation law, to add the language italicized below: “(a) The administrative director shall establish and effect within the Division of Workers’ Compensation a continuing program to provide information and assistance concerning the rights, benefits, and obligations of the workers’ compensation law to employees and employers subject thereto. The…