Jones

I fully agree with Justice Moreno’s dissenting opinion, which I have signed. I write separately to emphasize both its conclusion and my disagreement with the majority.

By enacting the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) 1 in general, and section 12940 in particular, the elected branch of our state government has attempted to respond to one of our society’s social ills: discrimination, harassment and retaliation in the workplace on the basis of “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation.” (§ 12940, subd. (a).) Our role as a court is to construe the statutes thus enacted, giving the statutory language its plain and commonsense meaning so as to effectuate and implement the intent of the Legislature.

We have strayed far from this duty today. In analyzing the FEHA, the majority finely parses the statutory language and engages in intricate deductions of legislative intent. In so doing, the majority has lost sight of both our proper role and the basic meaning of the FEHA.

Section 12940, subdivision (h) provides that it…

Plaintiff Scott Jones alleged that his supervisor, defendant Jean Weiss, subjected him to sexual orientation harassment and also sexually harassed female employees. Plaintiff further alleged that Weiss retaliated against him when he complained about the harassment to Weiss, to Weiss’s supervisor, and, ultimately, to the Department of Fair Employment and Housing (DFEH). It is well settled that Weiss can be held individually liable for harassment under Government Code section 12940, subdivision (j)(3), part of the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.). 1 This case asks us to decide whether, under section 12940, subdivision (h), which forbids retaliation by “any employer, labor organization, employment agency, or person” (italics added), Weiss may be held individually liable for his retaliation as well.

I conclude, as has every other state and federal published opinion to have considered the issue, that the language of section 12940, subdivision (h) unambiguously imposes individual liability on any “person” who retaliates. I presume that the Legislature meant what it said (People v. Snook (1997) 16 *1176 Cal.4th 1210, 1215 [ 69 Cal.Rptr.2d…

In Reno v. Baird (1998) 18 Cal.4th 640 [ 76 Cal.Rptr.2d 499 , 957 P.2d 1333 ] (Reno), we held that, although an employer may be held liable for discrimination under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.), 1 nonemployer individuals are not personally liable for that discrimination. In this case, we must decide whether the FEHA makes individuals personally liable for retaliation. We conclude that the same rule applies to actions for retaliation that applies to actions for discrimination: The employer, but not nonemployer individuals, may be held liable.

I. Procedural History

Plaintiff Scott Jones sued his employer, The Lodge at Torrey Pines Partnership (The Lodge), and his supervisor at work, Jean Weiss, as well as others no longer involved in this litigation, for various causes of action, including sexual orientation harassment in violation of section 12940, subdivision (j)(l), sexual orientation discrimination in violation of subdivision (a), *1161 and retaliation in violation of subdivision (h). The trial court granted summary adjudication in defendants’ favor regarding some of the causes of action, including the harassment…

In Reno v. Baird (1998) 18 Cal.4th 640 , 76 Cal.Rptr.2d 499 , 957 P.2d 1333 (Reno) , we held that, although an employer may be held liable for discrimination under the California Fair Employment and Housing Act (FEHA) (Gov.Code, § 12900 et seq.), [1] nonemployer individuals are not personally liable for that discrimination. In this case, we must decide whether the FEHA makes individuals personally liable for retaliation. We conclude that the same rule applies to actions for retaliation that applies to actions for discrimination: The employer, but not nonemployer individuals, may be held liable.

Plaintiff Scott Jones sued his employer, The Lodge at Torrey Pines Partnership (The Lodge), and his supervisor at work, Jean Weiss, as well as others no longer involved in this litigation, for various causes of action, including sexual orientation harassment in violation of section 12940, subdivision (j)(l), sexual orientation discrimination in violation of subdivision (a), and retaliation in violation of subdivision (h). The trial court granted summary adjudication in defendants' favor regarding some of the causes of action, including the harassment cause of action. It found…