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No individual liability for retaliation
March 03, 2008 by Ross Runkel at LawMemo
Well, it's official.
An employee does NOT have a cause of action against an individual supervisor for retaliation under California's Fair Employment and Housing Act (FEHA).
Jones v. The Lodge at Torrey Pines (California Supreme Court 03/03/2008) (4-3 vote).
We've known since 1998 that there was no personal liability under FEHA for discrimination.
There was reason to believe that the California court would recognize personal liability for retaliation simply because the retaliation statute has different wording. But not so.
Only the employer itself - not the individual supervisor or manager - is liable for discrimination or retaliation under FEHA.
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
