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Individual liability: I know an employee can sue the company for discrimination and retaliation. But can a plaintiff sue individual employees?

Yes.  Massachusetts law holds individual defendants liable for: (1) retaliating against an employee for opposing discrimination; (2) interfering with the employee’s right to be free from discrimination; and (3) aiding, abetting, inciting, coercing or compelling another person to engage in discrimination or illegal retaliation.

The fact that an individual defendant is not the plaintiff’s direct supervisor does not excuse the co-worker from individual liability.  An employer and individual employees can be held jointly and individually liable for illegal discrimination and retaliation.

Pamela A. Smith
Law Office of Pamela A. Smith
233 Needham Street, Suite 540
Newton, MA 02464


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