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Title VII – Individual Liability.

November 26, 2013

The 6th  Circuit Court of Appeals held that managers can be held individually liable for discrimination under Title VII.  For more, click here.  The 6th Circuit’s decision in Mengelkamp v. Lake Metropolitan Housing Authority is troubling for management officials.  It is, however, noteworthy that the 6th Circuit’s decision is an outlier.  All the other U.S. Courts of Appeals (D.C. and 1st through 11th) have specifically held that there is no individual liability for supervisors or managers under Title VII.  The 6th Circuit covers Michigan, Ohio, Kentucky and Tennessee. There is individual supervisory liability under the Fair Labor Standards Act and Family and Medical Leave Act, and under many state and local fair employment practices laws (see, e.g. Racial Harassment note below).