RMKB Lawyers Labor & Employment Red Alert: California Supreme Court Rejects Personal Liability for Retaliation


On March 3, 2008, the California Supreme Court filed its opinion in Scott Jones v. The Lodge at Torrey Pines Partnership (Case No. S151022) and addressed the issue, for the first time, of whether the California Fair Employment and Housing Act (FEHA) makes individuals personally liable for retaliation. In Jones, the Court resolved this issue, by a 4-3 vote, by extending the rule announced in Reno v. Baird (1998) 18 Cal.4th 640) that although an employer may be held liable under the FEHA (California Government Code section 12900 et seq.), non-employer individuals are not personally liable for that discrimination. In light of the Jones decision issued today, the employer, but not non-employer individuals may be held liable for certain unlawful acts of retaliation.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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