Monday, March 10, 2008

Supervisor Not Liable for Retalition in California

The California Supreme Court recently filed the opinion of Jones v. The Lodge at Torrey Pines, which reversed a decision in which an individual was found liable for retaliation under the Fair Employment and Housing Act. Prior to Jones an employee could file a lawsuit naming his/her supervisor as a defendant and require the supervisor to pay money damages resulting from conduct that a jury or finder of fact found to be in retaliation for opposing discrimination in the workplace.

In Jones the California Supreme Court reasoned that individual supervisors should not have their personal assets at risk for decisions that they make at work. However, those opposing Jones would assert that such conduct is outside the scope of employment and otherwise a violation of the employees civil rights. Jones certainly may have a chilling affect on employees making complaints as the supervisor will be free to take whatever action in response and avoid personal liability (although the employer may still be responsible).

This also will have an affect on where a case may be heard as the Federal Court will otherwise not have jurisdiction as the individual defendant supervisor generally disrupts complete diversity required for removal actions. As such, more matters will be tried in Federal Court as individuals can no longer be named as defendants. It remains to be seen whether there will be more Intentional Infliction of Emotional Distress claims brought to allow plaintiff's to hold supervisors individually liable for their conduct.
Kevin C. Boyle
Law Offices of Kevin C. Boyle
www.kboylelaw.com

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