On Monday the California Supreme Court ruled, in a divided 4-3 decision, that individuals can’t be held personally liable for retaliation under the California Fair Employment and Housing Act (FEHA), the state’s antibias law.
In a 1998 case, the high court ruled that the FEHA does not impose personal liability for discrimination on nonemployer individuals, including supervisors. In the new decision, the court reasoned that “the same rule applies to actions for retaliation that applies to actions for discrimination: The employer, but not nonemployer individuals, may be held liable.” Employers should keep in mind, however, that the FEHA does impose liability on individuals who commit workplace harassment.
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The case involved Scott Jones, who sued his La Jolla employer, The Lodge at Torrey Pines Partnership, and his supervisor, Jean Weiss, for sexual orientation discrimination and retaliation. Jones charged that after he complained about discrimination, the Lodge and Weiss engaged in a retaliatory course of action against him, which ultimately led to Jones resigning.
You can link to the new decision, Jones v. The Lodge at Torrey Pines Partnership, online. And in an upcoming issue of the California Employer Advisor, we’ll have full details on how this case impacts California workplaces. To access our library of articles on retaliation, including a sample policy against unlawful harassment, discrimination, and retaliation, click here.