The question of who can be sued for work-related actions has become a hot topic in recent years. The California Supreme Court clarified that supervisors couldn’t be held individually responsible for workplace discrimination claims. But the California Legislature recently said any employee can be sued for harassment.
Now a new California Court of Appeal ruling puts supervisors on the hook for costly retaliation suits, which can stem from virtually any complaint about an alleged illegal workplace activity. Here’s a rundown of the case and how you can steer clear of these claims.
New Technology Leaves Older Employees In The Dark
Richard Walrath had performed prepress work for Hatcher Press in San Carlos for almost 15 years when company president Stephen Sprinkel announced that they would be shifting to a new computerized press. Sprinkel told employees they could take unlimited paid courses at a San Francisco school to learn the new technology.
Walrath took some courses over a few years, but Hatcher reduced his workweek when the company didn’t have enough conventional prepress work anymore. Walrath claimed he couldn’t find adequate training and wrote a letter to his department manager complaining about being passed over for a job.
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Older Employees Sent Packing
According to Walrath, Sprinkel retaliated against him for complaining by moving his office furniture and possessions into an open area. Walrath also claimed that only older employees were left in the conventional prepress group, while younger employees were moved to the new electronic press department.
Employee Charges Age Bias And Retaliation
Walrath filed an age-bias lawsuit against Hatcher Press and sued Sprinkel individually for retaliation. A lower court, relying on the earlier California Supreme Court ruling prohibiting discrimination suits against individual supervisors, found that retaliation lawsuits against supervisors also were not permitted.
Retaliation Case OK’d
A California appellate court has now sided with Walrath, noting that there are differences between state law provisions regulating discrimination suits and retaliation suits. California’s age-bias law only prohibits bias by an employer, while the retaliation provision applies to any employer, labor organization, employment agency or person.
Thus, the court ruled that state law allows employees to sue supervisors individually for retaliatory acts. Now Walrath will have the opportunity to prove to a jury that Sprinkel retaliated against him.
Spreading The Word
This case can serve as a timely training reminder for managers and supervisors. Let your management team know that they could be the target of retaliation suits, which could result in severe personal financial consequences, including bankruptcy. Inform them that this would be in addition to any workplace discipline they would receive because of their illegal retaliation conduct.
Also, caution supervisors never to retaliate against employees who complain about discrimination, harassment or other potential illegal activities. It’s wise to require managers to seek higher-level review before disciplining, terminating or taking other adverse action against an employee who has recently complained.