Halousek v. Public Employees’ Retirement System
Sheila Halousek filed an administrative complaint with the State Personnel Board (SPB) against her employer, the California Public Employees’ Retirement System (CalPERS), alleging discrimination based on a perceived mental disability, failure to reasonably accommodate, and failure to engage in an interactive process. After the SPB ruled against her, Halousek brought suit in the Sacramento County Superior Court on the same facts and legal theories rather than filing a petition for writ of administrative mandamus seeking to overturn the SPB’s adverse decision. The trial court sustained a CalPERS demurrer without leave to amend, ruling, among other things, that Halousek’s lawsuit is barred by res judicata or collateral estoppel.
Representing herself, Halousek now contends CalPERS took illegal action against her resulting in the constructive termination of her employment.
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