The case of Kaur v. Foster Poultry Farms LLC involved a workplace injury. Foster Poultry Farms LLC employed the plaintiff as a yield monitor at its chicken processing facility. While working in 2013, she slipped while wearing company-issued rubber boots and broke her left wrist.

In May 2016, Foster Farms announced that it would have a restructuring. The next month, the labor relations manager told the plaintiff that she was losing her position because the company was reducing the plant’s number of positions.

In July 2016, the plaintiff brought a petition against her former employer with the Workers’ Compensation Appeals Board (WCAB). The petition made claims under section 132a of California’s Labor Code.

In 2017, she filed a complaint against the company with the Department of Fair Employment and Housing (DFEH). This 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 the FEHA;
• failure to engage in an interactive process under the FEHA;
• failure to take all reasonable measures to prevent discrimination under the FEHA;
• retaliation for asserting FEHA rights;
• retaliation under section 1102.5 of the Labor Code.

The plaintiff, who was of Indian origin, testified that three of the company’s employees discriminated against her: the supply room worker and two supervisors.

In 2019, the workers’ compensation administrative law...

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