Jones v. The Lodge at Torrey Pines Partnership

In Jones v. The Lodge at Torrey Pines Partnership (2008) 42 Cal.4th 1158, the California Supreme Court held that nonemployer individuals were not personally liable for retaliation even though the statute in question used the word "'person'" in addition to "'employer'" to describe who could be sued. (Id. at pp. 1161-1162.) The court concluded that this statutory language was not as plain as it seemed given the "'"potentially severe adverse effects"'" and " ' "minimal potential ... benefits" ' " of imposing personal liability on individual supervisory employees. (Id. at p. 1165.) If the Legislature intended to impose such drastic results, the court reasoned, " ' "the Legislature would have done so by language much clearer than that used here." ' " (Id. at p. 1166.)