Can Your Supervisor Be Personally Sued for Retaliation? Jones v. Lodge at Torrey Pines Partnership (2008)

California's Fair Employment and Housing Act (FEHA) protects workers who complain about discrimination or harassment. But who can be held responsible when an employer retaliates against them?

What Happened

Scott Jones worked as a restaurant manager at a La Jolla hotel. He complained about offensive jokes and comments by his supervisor and others. He said that afterward his supervisor wrote him up, excluded him from meetings, and pushed him out. A jury awarded him about $1.4 million against the employer and $155,000 against the supervisor personally.

What the Supreme Court Decided

In a 4–3 decision, the California Supreme Court held that individual supervisors are not personally liable for retaliation under FEHA. Only the employer is.

The retaliation section of the statute applies to "any employer, labor organization, employment agency, or person." Jones argued that the word "person" meant individuals could be sued. The majority found the language unclear and looked at other factors. It relied on an earlier case holding that supervisors are not personally liable for discrimination. It reasoned that supervisors must make personnel decisions as part of their jobs. Exposing them to personal lawsuits for every decision would be bad policy.

The court also gave "great weight" to the Legislative Counsel's Digest, the official summary attached to every bill. The digest described the 1987 change adding the word "person" as merely "technical and conforming."

Three justices dissented. They argued the statute plainly makes any "person" who retaliates liable.

The Harassment Difference

Harassment is treated differently. FEHA expressly makes employees personally liable for harassment they commit.

Jones v. Lodge at Torrey Pines Partnership (2008) 42 Cal.4th 1158.

This post is general information, not legal advice.