No personal liability for supervisors under California whistleblower law

California provides robust statutory protections for employees who report workplace safety hazards and illegal practices. Chief among these is Labor Code Section 1102.5, California’s general whistleblower retaliation statute. For years, plaintiffs’ attorneys have named individual supervisors and managers as defendants in civil lawsuits due to statutory language prohibiting “an employer, or any person acting on behalf of the employer” from retaliating against whistleblowers. However, in a matter of first impression, the California Court of Appeals stated that individual supervisors cannot be held personally liable under Section 1102.5. 

Escalating cycle of complaints, discipline, and resignation 

Dr. Farzana Chaudhry worked as a dental staff member at the California Medical Facility (CMF), a state prison facility operated by the California Department of Corrections and Rehabilitation (CDCR). Beginning in 2018, Chaudhry raised safety concerns regarding contaminated protective equipment and improper instrument sterilization, lodging internal complaints and contacting the California Division of Occupational Safety and Health (Cal/OSHA). Her reports prompted a Cal/OSHA inspection that resulted in a monetary fine against CMF.