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Individuals cannot be held liable for retaliation claims

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in Discrimination and Harassment,Employment Law,Human Resources,Leaders & Managers,Management Training

The California Supreme Court held in 1998 that individual supervisors and managers are not personally liable for discrimination under the California Fair Employment and Housing Act (FEHA). Now the court has also ruled that individual supervisors and managers may not be held financially responsible for retaliation claims (Jones v. The Lodge at Torrey Pines Partnership, No. S151022, California Supreme Court, 2008).

Reversing a reversal

Scott Jones sued his employer, The Lodge at Torrey Pines, under the FEHA for sexual orientation discrimination and retaliation by both The Lodge and his supervisor. The trial judge held that Jones’ supervisor could be held personally liable for retaliation and therefore refused to dismiss him from the case.

Following a jury verdict for Jones, the trial judge granted the defendants’ motions for judgment notwithstanding the verdict and a new trial. The trial judge found that there was ins...(register to read more)

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