Estes v. Monroe, 120 Cal. App. 4th 1347 (2004)

After he became paralyzed in an automobile accident, Major James Estes filed a claim for wrongful termination in violation of public policy against the California Military Department on the ground that the Department had failed to provide reasonable accommodation to him as a disabled worker. Estes alleged that his termination violated not the Fair Employment and Housing Act (FEHA), but the public policy embodied therein. The Court of Appeal affirmed dismissal on demurrer of Estes’s claim on the ground that the FEHA does not provide remedies to National Guardsmen on state active duty when the challenged personnel action is incident to military service. Likewise, Estes could not state a common law tort claim predicated on the FEHA for the same reason.