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Divided California Supreme Court Gives Supervisors A Break

MSK Client Alert
April 2008

Supervisors and managers can make personnel decisions without fear of having a jury second-guess those decisions, thanks to the recent ruling by the California Supreme Court in Jones v. The Lodge at Torrey Pines Partnership (March 3, 2008). In a strongly divided opinion, the Court held that supervisors (and other non-employer individuals) may not be held personally liable for retaliation under the Fair Employment and Housing Act ("FEHA") when the alleged retaliatory conduct arises out of the performance of necessary management duties.

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