Terris
Terris v. Cnty. of Santa Barbara
Opinion
lead Opinion
Gilbert, J.
*409 *553 Campbell v. Regents of University of California (2005) 35 Cal.4th 311 , 25 Cal.Rptr.3d 320 , 106 P.3d 976 holds that public employees must pursue appropriate internal administrative remedies before filing a civil action against their employer. Labor Code section 244 does not require a litigant to exhaust administrative remedies before bringing a civil action. 1 Here we hold section 244 applies only to claims before the Labor Commissioner. It has no effect on the Campbell rule.
Plaintiff Shawn Terris appeals a summary judgment in favor of her former employer, defendant County of Santa Barbara (County), in her wrongful termination action. We conclude, among other things, that: 1) Terris did not exhaust her administrative remedies on her claims that the County terminated her job to discriminate against her in violation of sections 1101, 1102, and 1102.5; [ [2) there are no triable issues of fact on Terris's claim that she was terminated because of her sexual orientation ( Gov. Code, § 12940, subd. (a), Fair Employment and Housing Act (FEHA) );] ] but 3) the trial court erred by awarding the County costs on the FEHA cause of action. We affirm in part and reverse in…