Baker v. Children's Hospital Medical Center

In Baker v. Children's Hospital Medical Center (1989) 209 Cal. App. 3d 1057, the plaintiff, an African-American, alleged racial discrimination in his administrative complaint, claiming he was denied the opportunity to work certain shifts in favor of a white employee with less seniority. In his judicial complaint, however, the plaintiff alleged acts of harassment, biased evaluations, and denial of pay raises and promotions because of his race. Because the court, as a matter of law, found the plaintiff's allegations in his judicial complaint were like or related to the allegations in his administrative claim, and the DFEH would have uncovered these alleged acts in a subsequent investigation, it held the plaintiff's action was not barred by the exhaustion of administrative remedies doctrine.