[co-author: Leah Shepherd]

On September 28, 2026, the Court of Appeal for the State of California held that individual supervisors cannot be held personally liable for whistleblower retaliation under state law.

Quick Hits

• A dental assistant for the California Department of Corrections and Rehabilitation (CDCR) alleged she faced whistleblower retaliation and constructive discharge after reporting safety concerns.
• The Court of Appeal affirmed a lower court’s decision that individual supervisors cannot be liable for retaliation under state law.
• The Court of Appeal overturned the lower court’s dismissal of the retaliation claim against the state and the CDCR.

Farzana Chaudhry, a dental assistant who worked at the California Medical Facility (CMF), which provides dental care for prison inmates, sued the state, the California Department of Corrections and Rehabilitation (CDCR), and three individual supervisors for retaliation under California’s Government Claims Act, California Labor Code section 1102.5, and the California Whistleblower Protection Act (Government Code Section 8547), which protects whistleblowers who report alleged improper government activities. She also sued for constructive discharge in violation of public policy.

Chaudhry alleged CMF retaliated against her in July 2018, October 2019, and multiple times in 2020 and 2022, terminated her employment after reinstatement by the State Personnel Board (SPB), and terminated her employment again a month after her...

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