In a rare win for management in California, on September 28, 2026, in Chaudhry v. State of California, the California Court of Appeal, First Appellate District, held that employees cannot sue individual managers or supervisors in their individual capacities for retaliation under Labor Code section 1102.5. The decision, certified for publication, is the first by a California appellate court to resolve this question since the 2014 amendments to this statute.
The Plaintiff worked as a dental assistant for the California Department of Corrections and Rehabilitation (CDCR) at a prison medical facility. Beginning in 2018, she reported contaminated protective equipment and other workplace safety concerns to her supervisor and Cal/OSHA. The Plaintiff alleged CDCR retaliated against her by subjecting her to unwarranted discipline and suspension and by obstructing her work after the State Personnel Board overturned her first termination. After CDCR rescinded a second termination and reinstated her, the Plaintiff resigned and pursued retaliation claims under section 1102.5 against the State, CDCR, and three individual supervisors.
Section 1102.5 bars retaliation by an employer “or any person acting on behalf of the employer.” The court acknowledged that, viewed in isolation, “any person” could theoretically encompass individual managers and supervisors, but ultimately concluded that the statutory scheme forecloses that interpretation. Neighboring provisions of the statute place...
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