Can you sue the Director of an organization for Title VII Retaliation after a RTS if they were the primary retaliator?

Asked over 1 year ago - Santa Monica, CA

The Director of the subsidiary organization is a direct employee of the parent organization and was the primary retaliator.

Attorney answers (3)

  1. Christine Marie Adams

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . We (or any other firm that represents employees) would need additional facts to answer your question. Generally, while individuals cannot be held liable for retaliation, other claims for which individual liability may be imposed exist. Whether your situation potentially gives rise to such liability would require additional information to be answered.

    Legal disclaimer: Avvo is a free service that enables you to obtain general information, not legal advice. My... more
  2. Marilynn Mika Spencer

    Contributor Level 20

    1

    Lawyer agrees

    Answered . An EEOC right-to-sue letter only gives you the right to file a lawsuit; it does not create new legal bases (causes of action) for suit. There is no cause of action against an individual for retaliation under Title VII. You may have claims against the individual such as defamation or another reputation tort, or some other claim. As with all legal situations, the devil is in the details and employment law is complicated and fact-specific.

    You may wish to consult with an experienced plaintiffs employment lawyer. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area. Many CELA attorneys represent clients throughout the state.

    I hope you can resolve your situation and wish you the best.

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the... more
  3. Neil Pedersen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . My colleagues are correct that you cannot sue an individual for retaliation, even if that person is acting in an official capacity when doing so. You can only sue the entity. However, the law does recognize that acts that might be retaliatory in nature can also sometimes be harassment. Individuals can be sued for harassment. Thus, if the retaliatory conduct can be fairly characterized as harassment based on a protected status you might be able to make a claim. (Note, it is not as easy as it sounds.)

    That said, you need to file an administrative complaint asserting harassment and naming the individual who you wish to sue, and get a RTS letter on that claim against that person.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more

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