Promotion Discrimination Cases In California

In Los Angeles County Dept. of Parks & Recreation v. Civil Service Com. (1992) 8 Cal. App. 4th 273, 278, the commission held a hearing and determined that the employee had suffered promotional discrimination. The employer, Parks and Recreation, petitioned the superior court for a writ of mandate, which it issued. Division Five of this District held that whether the employer petitioned under section 1094.5 or under section 1085, traditional mandamus, the superior court was not entitled to independent review, but must determine whether substantial evidence supports the commission's findings. (8 Cal. App. 4th at p. 279.) In Oquendo v. California Institution for Women (1989) 212 Cal. App. 3d 520, 260 Cal. Rptr. 688 a probationary teaching employee for the California Institute for Women was not appointed to a permanent teaching position because his epilepsy attacks had increased due to stress from the job. The plaintiff brought an administrative hearing before the State Personnel Board, which denied his claim. Instead of petitioning for mandate, plaintiff filed an action under the Fair Employment and Housing Act. The court found that plaintiff had chosen the forum, and should have followed through by seeking judicial review of the decision. The court concluded that the administrative decision had become final and thus collaterally estopped the plaintiff from relitigating the validity of the hearing or its adjudication in this proceeding. (Id. at p. 523.)