Ortega v. Contra Costa Community College Dist. (Cal. App. 2007)
Articles Discussing Case:
Employee Not Barred From Bringing Job Bias Claim After Filing Grievance Under Union Contract.
Ballard Rosenberg Golper & Savitt • November 15, 2007 • Report Link
In Ortega v. Contra Costa Community College Dist., the California Court of Appeal has held that a collective bargaining agreement (“CBA”) grievance procedure will not eliminate an individual’s right to pursue his claim for employment discrimination under the Fair Employment and Housing Act (“FEHA”) in court, unless there is a “clear and unmistakable” waiver of this right in the CBA, and the procedures of the arbitration allow for “full litigation and fair adjudication of the FEHA claim.”
