Q: Can a co-worker, supervisor, or manager be held personally liable for violation of the anti-discrimination statutes?

A: The long answer is that under the federal statutes (Title VII, ADA, ADEA, etc.) the company is the proper defendant. Under California law (the Fair Employment and Housing Act, etc.), there is a difference between discrimination (personnel actions such as hiring, firing, promotion, etc.) in which there is no individual liability and retaliation or harassment (going beyond the decision-making role of a supervisor such as making racist or sexist remarks or creating a work environment which is hostile to a protected group) where individuals can be held individually accountable.

The short answer is that in California it's an unsettled point of law and you need to see an attorney if this is an issue in your case.

Q - What is employment law?

A - Employment law covers the employee-employer relationship and usually involves contract law (what each party promises), anti-discrimination laws (treating people fairly without regard to sex, race, etc.), and tort law (wrongful termination, defamation, etc.). I represent only employees (usually the plaintiffs, although sometimes the defendant when the employer is trying to do something illegal to them). Typically, an employee will come to me and say they were denied some right afforded to other employees, or they lost their job, or they're being harassed because of their race, sex, etc.

Q - How does employment law differ from Workers' Compensation law?

A - The workers' compensation program covers workplace injuries and involves treating the injury, paid leave, retraining the employee, and compensation. When WC was first adopted, many employers opposed it. Now, most employers favor WC because it is a clearly-defined process with fairly predictable results and costs.

Q - Is the employee always right?

A - No, but neither is management. Quite often the employee has made a mistake but management has overreacted and is punishing the employee for a problem which has already been solved. Sadly, some managers continue to kick an employee after they're down when they should be helping them to get back to full productivity. Sometimes I can help resolve the matter without a lawsuit by suggesting a solution which allows both sides to get on with their lives. Other times management has become entrenched in their position and won't listen to the employee's side. Then I have to use the law as a hammer to get them to do what the law requires. Resolution is ALWAYS better for everybody because the employee and employer can always come up with a better solution than a judge or jury can.