HomeMy WebLinkAboutMINUTES - 11041997 - C105 c. 1oi
TO: BOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel
By: Andrea W. Cassidy, Deputy County Counsel
DATE: October 29, 1997
SUBJECT: Letter of Support for Supreme Court Review of Reno v. Baird
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Authorize County Counsel, or designee, to sign a letter of support for review by the California
Supreme Court of Reno v Baird, 97 Daily Journal D.A.R. 12237, a Court of Appeal decision
concerning liability of individual employee supervisors for violations of the Fair Employment
and Housing Act.
BACKGROUND
The recent Court of Appeal decision in Reno v. Baird states that an earlier 1996 case, Janken v.
GM Hughes Electronics was incorrect when it held that individual employee supervisors are not
liable for violations of the discrimination provisions of the Fair Employment and Housing Act.
Janken recognized that even though the individuals could not be liable, the plaintiff could
recover from the employer as a result of individual discriminatory acts. The Janken case has
been useful to dismiss individual employee supervisors as defendants and streamline the legal
proceedings without jeopardizing the plaintiff's ability to recover.
The Reno decision is in conflict with the Janken holding and the defendant in the Reno case is
seeking review by the California Supreme Court. Court rules allow other interested non-parties
to submit letters of support for review by the court. County Counsel recommends that the Board
authorize a letter of support for review of the Reno case by the California Supreme Court.
CONTINUED ON ATTACHMENT: YES SIGNATURE
•
_RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 11/4/1997 APPROVED AS RECOMMENDEDX OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x UNANIMOUS(ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: County Counsel ATTESTED November 4, 1997
cc Clerk,Board of Supervisors PHIL BATCHELOR,CLERK OF
Joe Tonda,Risk Manager THE BOARD OF SUPERVISORS
AND C UNTY MINISTRATOR
BY At 1 0 ,DEPUTY
AWC:fjb