A former yield monitor for Foster Poultry Farms LLC claims the company violated labor law by engaging in discriminatory practices and failing to accommodate a disability.

The Case: Kaur v. Foster Poultry Farms LLC

The Court: Court of Appeal of the State of California, Fifth Appellate District

The Case No.: 17CECG03360

The Plaintiff: Kaur v. Foster Poultry Farms LLC

Kaur, the plaintiff in the case, was employed as a yield monitor at Foster Poultry Farms LLC, a chicken processing facility. In 2013, she slipped on the job while wearing company-issued rubber boots. The incident left her with a broken left wrist. In May 2016, Foster Farms announced a restructuring. The following month, the labor relations manager told Kaur she was losing her job because Foster Poultry Farms was eliminating several positions. In July 2016, the plaintiff filed a complaint against her former employer, claiming labor code violations.

The Allegations: Kaur v. Foster Poultry Farms LLC

Kaur’s 2017 complaint alleged the following claims:

Discrimination (based on race/nationality and disability under the California Fair Employment and Housing Act (FEHA))
Failure to provide reasonable accommodation (under FEHA)
Failure to engage in an interactive process (under FEHA)
Failure to take all appropriate measures to prevent discrimination (under FEHA)
Retaliation for asserting FEHA rights
Retaliation under section 1102.5 of the California Labor Code

The History of the Case: Kaur v. Foster Poultry Farms LLC

The plaintiff, Kaur, is of Indian origin. She testified that three company employees discriminated against her: one supply room worker and two supervisors. In 2019, the workers’ compensation administrative law judge denied the WCAB petition under section 132a. Kaur’s former employer filed a motion for summary judgment citing legal doctrines of res judicata and collateral estoppel barring the plaintiff’s claims in light of the WCAB’s decision and the statute of limitations barring the discrimination claim based on race/national origin. The trial court agreed with the company’s arguments and granted summary judgment in its favor, but the plaintiff appealed. On appeal, the trial court’s decision was reversed in connection with the plaintiff’s FEHA claims of disability discrimination, failure to provide reasonable accommodation, and failure to engage in an interactive process. The court of appeal found that the WCAB’s decision denying the disability discrimination claim under section 132a had no preclusive effect under the doctrines of res judicata or collateral estoppel.

If you have questions about how to file a California workplace discrimination lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.