Walrath

I.

Plaintiff Richard Walrath appeals from the summary judgment granted in favor of defendant Stephen Sprinkel, president of Hatcher Press, Inc., in an *1239 action against Hatcher Press and Sprinkel alleging wrongful termination and age discrimination in violation of the Fair Employment and Housing Act (FEHA), retaliation, and intentional infliction of emotional distress. The action against Hatcher Press proceeded to trial, and Walrath recovered a jury verdict for both conventional and punitive damages.

The essential issue presented is whether appellant’s cause of action against his supervisor for retaliation is barred by Reno v. Baird (1998) 18 Cal.4th 640 [ 76 Cal.Rptr.2d 499 , 957 P.2d 1333 ]. We conclude that Reno v. Baird is not controlling and that the court erred in granting Sprinkel’s motion for summary judgment. Accordingly, we reverse the judgment.

II.

Appellant was employed by Hatcher Press from 1976 through February 2000. For purposes of the summary judgment motion, defendants conceded that Sprinkel was appellant’s supervisor. In the spring of 1995, Sprinkel advised all employees in the pre-press department, including appellant, that Hatcher Press was…