(October 29, 2007) The California Chamber of Commerce recently filed a “friend of the court” brief in a case that involves an issue that has split the state’s appellate courts over whether supervisors should be held personally liable for retaliation under the Fair Employment and Housing Act.

The CalChamber is urging the state Supreme Court to rule that just as individual managers and supervisors are immune from lawsuits for personnel actions alleged to be motivated by race, sex and discriminatory intent, they are equally protected against lawsuits claiming that the very same personnel actions were motivated by a desire to retaliate against the employee.

The issue raised by this case represents another split in decisional law affecting California’s employers and employees. The CalChamber believes that California employers need a final determination on the extent to which they, as well as their supervisors, could be held liable for specific workplace conduct.

The conflict among the courts on whether supervisors can be held individually liable for retaliation has created uncertainty in the law and in its application. The CalChamber believes that in light of this conflict, it is important for the state Supreme Court to provide a final decision on the matter.

California’s intricate and complex state laws present countless challenges to businesses seeking to comply. Accordingly, compliance is made easier when employers have bright lines and clear rulings rather than conflicting and confusing legal precedent, the CalChamber argued in its brief.

The case is scheduled to be argued on Tuesday, December 4 at 9 a.m. in Los Angeles.

Staff Contact: Erika Frank

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