California Appellate Tracker

M.F. v. Pacific Pearl Hotel Management LLC

November 6, 2017

The workers' compensation exclusivity doctrine is inapplicable to claims under the Fair Housing and Employment Act.

The Workers Compensation Act does not preempt claims for violation of the Fair Housing and Employment Act. Here, a hotel maid alleged a viable, non-preempted FEHA claim after she was raped in the hotel by a trespasser. Her complaint alleged that the hotel had notice that the trespasser was loose in the hotel and sexually harassing maids on other floors but took no effective action to prevent him from sexually harassing plaintiff.

California Court of Appeal, Fourth District, Division One (McConnell, J.); October 26, 2017; 2017 WL 4831603.

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M.F. v. Pacific Pearl Hotel Management LLC

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