Here’s a reminder that should catch the attention of supervisors: While they may not be personally liable for most types of discrimination made illegal under federal law, they are liable under Ohio state law.
If they participated in discrimination, they may be held jointly liable with their employer. That means the employee’s lawyers can go after their personal property to satisfy a jury award.
Recent case: Aubri Fulst sued her employer and direct supervisor over alleged sex discrimination in promotions. She claimed her supervisor favored males, and when she was finally promoted, he wouldn’t give her the same equipment her male co-workers got.
Her supervisor sought to be dismissed as a defendant, but the court let him off the hook only for her federal claims. (Fulst v. Thompson, et al., No. 2:09-CV-725, SD OH, 2009)
- Critical evaluation isn't an adverse employment action
- When bias claims fly, beware lenient courts
- Help managers understand the Age Discrimination in Employment Act
- When employee is pregnant, insist on HR approval for every job-related move
- Don't give up on accommodations too early; show a 'good faith' effort