Monday, September 1, 2008

"Can I sue my boss for discriminating against me?"

You can sue your employer, but not your supervisor in most instances. Under the California cases Reno v. Baird (1998) 18 Cal.4th 640 and Jones v. Torrey Pines (2008) 42 Cal.4th 1158, individuals are generally not liable for discrimination and retaliation. There may be exceptions to this if your supervisor is the employer (example, sole proprietor) or if the discrimination was a result of a medical leave of absence you took. Under the Family Medical Leave Act, 29 U.S.C. § 2611, et seq., "employers" are defined to include "persons who act directly or indirectly in the interest of the employer." Under regulations interpreting the California Family Rights Act, it is unlawful for "any person" to discriminate against someone for taking a medical leave of absence.

Claims of harassment are treated differently than claims for discrimination and retaliation. Under the California Fair Employment and Housing Act (FEHA), if your supervisor harasses you based on your race, age, religion, disability or other protected characteristics he will be personally liable for such mistreatment.

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