Employee May Sue Supervisor for Intentional Infliction of Emotional Distress

An employee injured on the job could pursue a claim for intentional infliction of emotional distress against her former supervisor despite the workers' compensation exclusivity rule, the California Court of Appeal ruled. Although this rule generally bars suits for damages for work-related injuries, limiting the injured employee to workers' compensation remedies, the worker could proceed when the supervisor's conduct might have violated the Fair Employment and Housing Act (FEHA), the court said.  

In April 2010, Melony Light began working as a seasonal park aide at the California Department of Parks and Recreation's Ocotillo Wells District in San Diego County. In January 2011, Light was promoted to a "permanent" position as an office assistant, also at the Ocotillo Wells District.

[SHRM members-only HR Q&A: Can I be sued by a temporary employee who is hurt at our workplace? Are they covered by workers' compensation?]

Leda Seals was the administrative officer of the Ocotillo Wells District and Light's supervisor.

Light was friends with a co-worker, Delane Hurley. According to Light, Seals believed Hurley to be a lesbian, and Seals repeatedly made comments to Light intended to make her uncomfortable about her friendship with Hurley, to enlist Light in Seals' harassment of Hurley based on her sexual orientation and to encourage Light to cease all contact with Hurley.

Hurley eventually took medical leave for stress and filed a complaint with the department's Human Rights Office alleging sexual harassment; discrimination based on sex, sexual orientation, and marital status; and retaliation. She made specific allegations against Seals. The department's Human Rights Office sent investigators to the Ocotillo Wells District in January 2012 to assess Hurley's claims. Before Light met with investigators, Seals allegedly told Light she expected Light and other employees to lie to the investigators.

Light met with the Human Rights Office investigators and later told Seals she had not lied to them. In mid-February, Seals recommended that Light be moved from the Ocotillo Wells District office, where she worked, to the visitor services office. On Feb. 23, Seals called Light into her office and closed the door. Seals told Light she should not have hired her, that she did not "fit in" and did not follow orders. Light asked Seals to identify problems with the substance of her work, but Seals could not do so.

Seals said Light's last day of work at Ocotillo Wells would be May 30 and, until then, she would work in visitor services.

Approximately a week before Light's last scheduled workday, she went on medical leave and sought workers' compensation for anxiety, nausea, loss of appetite, migraines, asthma attacks, body aches and pains, digestive problems, vomiting, severe abdominal cramps, and tightness in the chest. She alleged she had suffered "continuous" injury since January 2011. She eventually received a workers' compensation award of $12,765.

Light filed a lawsuit in December 2012, alleging several claims against the department, including a claim for retaliation in violation of FEHA and a claim for intentional infliction of emotional distress against Seals. All of the claims were dismissed before trial, and Light appealed. The appellate court reversed the dismissal of the retaliation claim and the claim against Seals, ruling that Light could take those claims to trial.

Workers' Compensation Not Exclusive Remedy If Underlying Conduct Violated Anti-Bias Law

The appellate court first reinstated Light's retaliation complaint and then ruled that, because Light was claiming that the department engaged in illegal retaliation, her claim for intentional infliction of emotional distress could also go forward. The workers' compensation system was not the exclusive remedy for Light's injuries because she claimed that they resulted from conduct prohibited by FEHA, the court said.

The court noted that, where the provisions of the workers' compensation system apply, an employer is liable without regard to negligence for any injury sustained by its employees arising out of and in the course of their employment. The employee, in turn, is generally prohibited from pursuing other personal injury remedies against the employer.

However, the court said that in some exceptional circumstances the employer is not free from liability under common law—such as for intentional infliction of emotional distress—for its deliberate acts even if the resulting injuries to its employees are compensable under workers' compensation. And this is true, the court added, whether the claimed injuries are physical or emotional.

The appellate court then noted that several California cases have concluded that one of the exceptional circumstances when claims for intentional infliction of emotional distress in the employment context can be asserted is when the underlying conduct also forms the basis for a FEHA violation.

"Emotional distress caused by misconduct in employment relations involving, for example, promotions,

demotions, criticism of work practices, negotiations as to grievances, is a normal part of the employment environment. A cause of action for such a claim is barred by the exclusive remedy provisions of the workers' compensation law," the court said. "The legislature, however, did not intend that an employer be allowed to raise the exclusivity rule for the purpose of deflecting a claim of discriminatory practices," the court concluded.  

Light v. California Department of Parks and Recreation, Calif. Ct. App., No. D070361 (Aug. 8, 2017).

Professional Pointer: This case illustrates one situation in which a supervisor may be held individually liable for his or her actions in the workplace. It also is important to note that courts have held that a supervisor may be held individually liable for harassment under FEHA, but not for discrimination or retaliation.

Joanne Deschenaux, J.D., is a freelance writer based in Annapolis, Md.

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