The California Supreme Court’s March 3 decision in Jones v. The Lodge at Torrey Pines Partnership, 42 Cal.4th 1158, may have put to rest – at least for now – an issue that has bedeviled state employers for several years; whether, in light of the court’s 1998 decision in Reno v. Bird, 18 Cal.4th 640, supervisors can be personally immune from claims of discrimination under the California Fair Employment and Housing Act based on actions taken in the course of the scope of their employment while remaining potentially personally liable for retaliation based on the same actions.
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This article first appeared in the April 23, 2008 issue of The Recorder.
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