Published California Whistleblower Retaliation Decision | Administrative Exhaustion Explained
Can a public employer block a whistleblower retaliation lawsuit by pointing to internal appeal procedures? A newly published California Court of Appeal decision answers that question—and limits when administrative exhaustion applies. In Romero v. County of Kern, the Court held that public employees are not required to exhaust internal civil service appeals when those procedures do not provide a meaningful mechanism to adjudicate whistleblower retaliation claims. The ruling strengthens protections under Labor Code sections 1102.5, 6310, and 98.6, and curbs a common defense strategy used to dismiss retaliation cases before they are ever heard.
