Langridge
Langridge v. Oakland Unified School District
Opinion
Lead Opinion
King, J.
I. Introduction
In this case we hold that claims against an employer under the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) for physical disability discrimination based on a work-related injury are preempted by the exclusive remedy provisions of the workers’ compensation law (Lab. Code, §§ 3600, 3601, 3602).
II. Background
Jacqueline Langridge was employed by the Oakland Unified School District. In October 1988, she sustained a work-related injury which resulted in temporary total disability. In December 1990, a workers’ compensation judge made a finding of 53 percent permanent disability and awarded her permanent disability indemnity.
In November 1988, Langridge informed the school district she wished to return to work, asserting she was able to perform the essential functions of her job with reasonable accommodation. (See Gov. Code, § 12940, subd. (a)(1) & (a)(2).) She was not reinstated, however, until March 1991. Langridge sued the school district under the FEHA, claiming physical disability *667 discrimination. (Gov. Code, § 12940.) The school district demurred, asserting the action was barred by workers’ compensation exclusivity. The court…