In Matthews v. Superior Court (1995) 34 Cal.App.4th 598, the court held that certain defendants, both direct (personal) supervisors and superior supervisory personnel (e.g., a medical director of an emergency medicine center and the center's administrative director) who were aware of, and at times participated in, the unlawful conduct, are "persons" subject to personal liability for sexual harassment under the FEHA. The court relied on language from Fair Employment and Housing Commission decisions which held in harassment cases "that individuals with authority to hire and fire or to control the conditions of employment, who either participate in the unlawful conduct, tacitly approve of the improper action, fail to take action upon learning of the discriminatory conduct, or participate in the decisionmaking process which is the basis of the discriminatory condition, are personally liable under the FEHA as agents of the employer. In determining whether an individual acted as an agent of the employer, the commission has looked 'to the degree an entity or person significantly affects access to employment' and has held personally liable as agents of an employer 'individuals having supervisory status who either themselves did the wrongful act or participated in the decision-making process which formed the basis of the discriminatory condition.' " (Id. at p. 604; )