The Dead Hand of the Past

Ly v. Cnty. of Fresno, No. F072351 (D5 Oct. 12, 2017)

Plaintiffs are some prison guards who claim employment discrimination. But along with their FEHA claims, they also filed a workers’ comp appeal for the emotional injuries that arose from the same alleged discriminatory acts. The workers’ comp cases—which are an ALJ proceedings—moved faster than the discrimination case in court. The ALJs found adversely to plaintiffs in each of the workers comp cases, with each case finding that the adverse actions were not motivated by discriminatory animus.