Jones v. Lodge at Torrey Pines
This case involving an employee's action against his employer under the under the California Fair Employment and Housing Act (FEHA) (Gov. Code,[1] 12900 et seq.) is before us a second time, following remand from the California Supreme Court, which reversed the judgment of this court and remanded the matter to this court "for further proceedings consistent with this opinion." (Jones v. The Lodge at Torrey Pines Partnership (2008) 42 Cal.4th 1158, 1174 (Jones).)
The California Supreme Court "granted defendants' petition for review limited to the question whether an individual may be held personally liable for retaliation under the FEHA." (Jones, supra, 42 Cal.4th at p. 1161.) The Supreme Court held that an employer may be held liable for retaliation under section 12940, subdivision (h), but nonemployer individuals may not be held personally liable for their role in that retaliation. (Jones, supra, 42 Cal.4th at pp. 1160, 1173.) Accordingly, as we discuss more fully below, we affirm the JNOV in favor of Weiss on Jones's cause of action for retaliation. As to the other issues raised in this matter, we reissue our previous opinion, with appropriate modifications, and deny defendants' motion to dismiss Jones's appeal from the order granting a new trial; reverse the order granting defendants' motion for JNOV as to The Lodge; reverse the order granting defendants' motion for new trial; and reinstate and affirm the original judgment as to The Lodge.
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