While I was in Alaska running with caribou (alas, vacation is over) the above-entitled case was granted review on the following question:
May an individual be held personally liable for retaliation under the California Fair Employment and Housing Act?
Now, each side of the bar "knows" what the answer to this question, and we've probably all written a brief or two on it. I would be more sympathetic to personal liability in cases where the employer corporation was uncapitalized, because otherwise, in most cases, isn't it duplicative?
Anyway, no matter how much we think we know the answer to this, the judges in the courts I frequent have gone both ways, and I would look forward to a bright line rule.
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