Le Bourgeois v. FIREPLACE MANUFACTURERS, INC.

Larry Le Bourgeois appeals from a summary judgment in favor of his former employer, Fireplace Manufacturers, Inc. (FMI) and supervisor, Debra Ketsdever, in Le Bourgeois’s suit alleging wrongful termination based on disability discrimination. We publish our opinion affirming the judgment because, to date, no California state court has decided, as we do today, that supervisory personnel cannot be held individually liable for discrimination under the Americans with Disabilities Act (ADA), 42 United States Code section 12101 et seq. Our conclusion is compelled under the rationale enunciated by our Supreme Court in Reno v. Baird (1998) 18 Cal.4th 640 [ 76 Cal.Rptr.2d 499 , 957 P.2d 1333 ]. And, following Reno's direct holding, we also decide such persons cannot be sued as individuals for wrongful discharge in violation of fundamental public policy where the basis for the cause of action is alleged discrimination under California’s Fair Employment and Housing Act (FEHA), Government Code section 12900 et seq. (Reno v. Baird, supra, 18 Cal.4th at pp. 663-664.)

Factual and Procedural Background

In June 1989, FMI hired Le Bourgeois as a credit manager. In March 1992, while on the…