In a broad-reaching opinion, the California Supreme Court has ruled that managers cannot be held personally liable for discrimination or for wrongful termination in violation of public policy. However, the Court left open the question, and in fact strongly implied, that managers can be held personally liable if they personally engage in harassment. The Court also did not address, but strongly implied that managers cannot be held personally liable for failing to manage a harassment claim appropriately. The Court emphasized that managers are not liable for any decisions made in the course and scope of employment. This decision is in line with the vast majority of federal court decisions that have ruled on the subject, and is good news for managers in California.
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