Brun v. Truckee-Tahoe Airport Dist.
Plaintiff Karl Brun had been employed by defendant Truckee-Tahoe Airport District (TTAD) since 1991 to perform a variety of ground services to aircraft, arriving passengers and crews. On February 16, 2000, Brun suffered an epileptic seizure while off duty, and returned to work the following month. Beginning in 2002, several incidents occurred which Brun believed violated his rights under the California Fair Employment and Housing Act (FEHA; Gov. Code, 12900 et seq.) as a person with a medical disability. Brun and TTAD negotiated a mutually acceptable accommodation agreement in April 2004, after Brun formally invoked FEHA. In December 2004, Brun filed a civil complaint for injunctive relief and damages against TTAD, its general manager David V. Gotschall, and supervisors Michael Scott, and Jake Mihevc after they initiated actions which ultimately resulted in his termination. Several of the disciplinary actions, including an incident in which TTAD accused Brun of leaving a Caterpillar front-end loader running in an enclosed building, Bruns termination, and the subsequent Skelly hearing, occurred after Brun filed his FEHA charge.
In addition to alleging facts in support of his request for an injunction to halt the termination process, Brun alleged workplace harassment in violation of FEHA, breach of covenant of good faith and fair dealing, retaliation in asserting the protection of FEHA, and wrongful termination in violation of public policy (against TTAD alone). Defendants successfully moved for summary judgment and Brun appeals.
Brun challenges only the trial courts entry of summary judgment and dismissal of the second cause of action for harassment, the fourth cause of action for retaliation, and the fifth cause of action for wrongful termination. As to the causes of action for harassment and retaliation, Brun argues the court erred in ruling the claims were barred on grounds he failed to exhaust his administrative remedies through the Department of Fair Employment and Housing (DFEH) before filing suit in superior court. As to the cause of action for wrongful termination, Brun contends the court erred in finding TTAD was immune from tort liability under section 815, subdivision (a). Because Court conclude there was no error in the courts rulings, Court need not address the merits of Bruns substantive claims.
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