California Supreme Court Imposes FEHA Liability on Agents of Employers

September 07, 2023 | From HRCalifornia Extra

by Matthew J. Roberts; J.D.; Labor Law Helpline Manager, Employment Law Counsel/Subject Matter Expert, CalChamber

Often, employers will contract with a third party for such employment-related services as recruitment, preemployment medical screenings, and leave and disability accommodation administration, among others. And although the California Supreme Court has previously held that individual supervisors could not be directly liable for discrimination or retaliation under the Fair Employment and Housing Act (FEHA), the Court has never answered whether other businesses performing employment-related work for an employer may be directly liable for FEHA violations — until now.

On August 21, 2023, the California Supreme Court weighed in on the topic.

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