|
3633 REVIEW DENIED Employment discrimination on the basis of age or physical disability in violation of the Fair Employment and Housing Act (FEHA) is not within the compensation bargain, so if an employee's claim against an employer for negligent infliction of emotional distress arises from discriminatory termination, the employee is not restricted to workers compensation remedies; the federal Labor-Management Reporting and Disclosure Act does not pre-empt a union employee's state action under FEHA.CitationSMITH v INTERNATIONAL BROTHERHOOD OF ELEC' WORKERS (Union Pre-emption) 109 CA4 1637 [See: 29 USC 401 etseq; GovC 12900 etseq; Screen Extras v Superior Court 51 C3 1017; Hansen v Aerospace 90 CA4 977, T/AT 8/01; Thunderburk v United Food 92 CA4 1332, T/AT 11/01]
|
|
