The Whistleblower Protection Act Does Not Require A Governmental Claim Be Filed Prior To Filing Under Against Governmental Agency.

Plaintiff worked for the Department of Social Services. She reported certain “improper governmental activity” within the Department. Thereafter, she alleges in an action against the Department, pursuant to the Whistleblower Protection Act [WPA; Government Code section 8547], she was subjected to retaliation and discrimination. The trial court dismissed her action for failure to file a governmental claim. In reversing, the appellate court stated: “Analogizing to the California Fair Employment and Housing Act (FEHA), plaintiff contends the WPA is not subject to the Claims Act because it has a comprehensive administrative procedure that satisfies the purposes of the presentation procedure in the Claims Act. We agree.” (Cornejo v. Will Lightbourne, as Director of Department of Social Services (Cal. App. Third Dist.; October 22, 2013) 220 Cal.App.4th 932.