PERSONAL LIABILITY FOR VIOLATIONS OF EMPLOYMENT DISCRIMINATION LAWS -A SPLIT IN THE CIRCUITS

Managers and supervisors acting as agents of their employers, have pre viously enjoyed immunity from personal liability in suits arising unde r the antidiscrimination laws. Some courts are now challenging that im munity. Currently a split exists among the circuit courts of appeals o n the issue of assigning personal liability to managers and supervisor s. Some circuits contend that the ''agent'' language incorporated into the discrimination statutes requires a literal interpretation. Such a ''plain language'' construction would impute individual liability to supervisors and managers who violate the discrimination statutes. Othe r circuits, however, interpret the ''agent'' language as a congression al attempt to provide respondent superior liability. Under this constr uction, managers and supervisors would not be assigned individual liab ility. This article examines that split among the circuits and the rel evant case law surrounding it.