Ly v. County of Fresno, 2017 WL 4546059 (Cal. Ct. App. 2017)
Three Laotian correctional officers were allegedly subjected to racial and national origin discrimination, harassment and retaliation by their employer, the County of Fresno. The employees filed suit in court under the FEHA while simultaneously pursuing their workers’ compensation remedies before the Workers’ Compensation Appeals Board (“WCAB”). The administrative law judge in the WCAB proceeding denied the employees’ claims after finding the County’s actions were nondiscriminatory, good faith personnel decisions. The County then moved for summary judgment of the civil action based upon the doctrines of res judicata and collateral estoppel, arguing the decision of the WCAB barred plaintiffs’ FEHA claims. The trial court granted the motion for summary judgment, and the Court of Appeal affirmed, holding that while the two forums are different, the “harm suffered [alleged psychiatric injuries caused by the County’s discrimination] is identical and therefore the same primary rights are implicated…. When two tribunals have jurisdiction… then the first final judgment from one of the tribunals becomes conclusive and renders the same issue res judicata in the other court.”
