SCHIFANDO v. CITY OF LOS ANGELES

No. S106660

6 Cal.Rptr.3d 457 (2003)

79 P.3d 569

31 Cal.4th 1074

Steve SCHIFANDO, Plaintiff and Appellant, v. CITY OF LOS ANGELES, Defendant and Respondent.

Supreme Court of California

As Modified December 23, 2003.


Attorney(s) appearing for the Case

Law Offices of Robert M. Ball, Robert M. Ball, Beverly Hills, and Loyst P. Fletcher for Plaintiff and Appellant.

Law Office of David J. Duchrow, David J. Duchrow, Los Angeles, and Robert E. Racine, Pasadena, for California Employment Lawyers Association as Amicus Curiae on behalf of Plaintiff and Appellant.

Charlotte E. Fishman, San Francisco, for Equal Rights Advocates as Amicus Curiae on behalf of Plaintiff and Appellant.

Brad Seligman, Berkeley, for The Impact Fund as Amicus Curiae on behalf of Plaintiff and Appellant.

Rothner, Segall & Greenstone and Glenn Rothner, Pasadena, for California Faculty Association as Amicus Curiae on behalf of Plaintiff and Appellant.

Joannie Chang, San Francisco, for Asian Law Caucus as Amicus Curiae on behalf of Plaintiff and Appellant.

Madalyn Frazzini, San Jose, for California School Employees Association as Amicus Curiae on behalf of Plaintiff and Appellant.

Beverly Tucker, Burlingame, for California Teachers Association as Amicus Curiae on behalf of Plaintiff and Appellant.

Linda Kilb, Berkeley, for Disability Rights Education and Defense Fund as Amicus Curiae on behalf of Plaintiff and Appellant.

Pat Shiu for Legal Aid Society/Employment Law Center as Amicus Curiae on behalf of Plaintiff and Appellant.

Vicky L. Barker, Manhattan Beach, for California Women's Law Center as Amicus Curiae on behalf of Plaintiff and Appellant.

James K. Hahn and Rockard J. Delgadillo, City Attorneys, Leslie E. Brown and Zna Portlock Houston, Assistant City Attorneys, Marie McTeague and Judith D. Thompson, Deputy City Attorneys, for Defendant and Respondent.

Best Best & Krieger, Arlene Prater and Alison D. Alpert, San Diego, for Sixty One California Cities as Amici Curiae on behalf of Defendant and Respondent.

Jones Day, Elwood Lui, Scott D. Bertzyk and John A. Vogt, Los Angeles, for County of Los Angeles as Amicus Curiae on behalf of Defendant and Respondent.

Reed Smith Crosby Heafy, Paul D. Fogel, Raymond A. Cardozo, San Francisco; James E. Holst, John F. Lundberg, Eric K. Behrens and Jeffrey A. Blair, Oakland, for The Regents of the University of California as Amicus Curiae on behalf of Defendant and Respondent.


CHIN, J.

We granted review to determine whether a city employee must exhaust both the administrative remedy that the California Fair Employment and Housing Act (Gov.Code,1 § 12900 et seq.) (FEHA) provides and the internal remedy that a city charter requires before filing an FEHA disability discrimination claim in superior court. We conclude the employee need not exhaust both administrative remedies, and that receiving a Department...

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