42 U.S.C. § 2000e

Section 2000e(b) includes an employer’s agents in the definition of employer, but those agents may be sued only in their official capacity, not individually.

Shpargel v. Stage & Co. · filed 1996-01-31(b)

Based on these opinions, this court is convinced that Title VII does not provide for liability against individuals being sued in their individual capacity. Rather, individuals may only be sued in their official capacity as agents of the employer, to provide responde-at superior liability.

Section 2000e limits Title VII liability to employers; a fellow employee cannot be sued under it.

Kumaran v. Borg-Warner Protective Services Corp., John Gaimari, and Emerson Electric Co. · filed 1996-03-11(b)

Defendant John Gaimari was Kumaran's fellow employee and cannot be sued under these statutes, which apply only to "employers."

Section 2000e(b) does not make a supervisor individually liable for gender discrimination committed while acting for the employer’s benefit and interest.

Blankenship v. Warren County, Va. · filed 1996-03-19(b)

Accordingly, where a plaintiff prosecutes a claim alleging a violation of Title VII based upon a claim of gender discrimination and where such claim clearly sets forth that the supervisory employee was acting pursuant to the benefit and interest of the employer, then individual liability does not extend to the supervisory employee.

Section 2000e(b) includes an employer’s agents in the definition of employer to establish employer liability, but does not make agents personally liable under Title VII.

Newsome v. County of Santa Fe · filed 1996-03-20(b)

Rather, Congress simply intended its reference to agents in section 2000e(b) to “incorporate respondeat superior liability into the statute.”

The court read § 2000e(b) as allowing potential individual liability for a supervisor under Title VII.

Crosten v. Kamauf · filed 1996-03-25(b)

Likewise, this Court finds that under the existing law in this circuit, there is at least the potential for individual liability under Title VII.

Section 2000e(b) does not make an employer’s agents personally liable under Title VII.

Jungels v. State University College of New York · filed 1996-04-02(b)

It is clear that on the issue of personal liability of employers’ agents under Title VII, the Second Circuit’s reasoning in Tomka applies not only to hostile environment sex discrimination cases, but to all Title VII actions. ... All claims under Title VII against defendants Johnstone, Wiesen, Aecurso, Feal, Deihl, Jones, and Rogers in their capacities as individuals must therefore be dismissed.

Section 2000e(b)’s definition of “employer” excludes individual supervisors from personal liability under Title VII.

Tagare v. NYNEX Network Systems Co. · filed 1996-04-10(b)

In light of a recent decision by the Second Circuit Court of Appeals, Tomka v. Seiler Corp., 66 F.3d 1295 (2d Cir.1995) (supervisors not individually liable under Title VII definition of “employer”), plaintiffs Title VII claims for discrimination and retaliation must be dismissed as against the Individual Defendants.

Section 2000e(b)’s definition of employer does not permit claims against supervisors in their individual capacities.

Gausmann v. City of Ashland · filed 1996-04-15(b)

The “agent” provision in Title VII does not allow claims against supervisors in their individual capacity.

Individual supervisors who are not the employer are not personally liable under Title VII.

Herrero v. St. Louis University Hosp. · filed 1996-04-26(b)

As a preliminary matter the Court notes that supervisors Ruppel and Hibbett are not individually liable under Title VII, the ADEA or the MHRA, as they are not the employer to whom those statutes are directed.

Section 2000e(b) does not impose individual liability on an employer’s agent for a routine promotion decision.

Green v. Clarendon County School District Three · filed 1996-04-30(b)

Plaintiff may pursue his Title VII claims against Defendant Hampton in his individual capacity only if the Defendant is Plaintiffs “employer” within the meaning of Title VII. ... Because Plaintiff seeks to hold Defendant Hampton liable for his role in rejecting Plaintiff’s application for promotion, this court finds that this conduct relates to a routine employment decision and is therefore of a plainly delegable nature. Consequently, Defendant Hampton may not be held individually liable for his conduct.

Section 2000e(b)’s inclusion of an employer’s agents does not make those agents individually liable under Title VII.

Fernandez v. Community Asphalt, Inc. · filed 1996-05-24(b)

It is axiomatic in this Circuit that suits against individuals are not allowed under either Title VII, or the ADEA.

Section 2000e(b)'s definition of employer does not make individual employees personally liable under Title VII.

Blount v. Sterling Healthcare Group, Inc. · filed 1996-05-28(b)

In light of these policy considerations, as well as the well-settled law of this jurisdiction, Dresniek may not be held individually liable under Title VII.

Section 2000e(b)’s definition of employer does not make supervisors personally liable under Title VII, even when they supervise the plaintiff.

Amin v. Quad/Graphics, Inc. · filed 1996-06-03(b)

However, the Second Circuit has recently addressed the issue of whether an employer’s agent may be held individually liable under Title VII and has unambiguously held that “individual defendants with supervisory control over a plaintiff may not be held personally liable under Title VII.” Tomka v. The Seiler Corp., 66 F.3d 1295, 1317 (2d Cir.1995). Accordingly, the individual defendants’ motion on this ground is granted.

Section 2000e(b) includes an employer's supervisors as agents, allowing them to be held individually liable under Title VII.

Iacampo v. Hasbro, Inc. · filed 1996-06-06(b)

Clearly, Booth, as Iacampo’s immediate supervisor, and Godfrin, Booth’s supervisor, are Hasbro’s agents. Thus, the Court opines that Booth and Godfrin may be found individually liable under Title VII and the ADA.

Section 2000e(b)'s definition of “employer” does not make individual supervisors liable under Title VII for personnel decisions within their delegated duties.

Causey v. Balog · filed 1996-06-17(b)

By plaintiffs own account therefore the individual defendants’ allegedly discriminatory actions were of a “plainly delegable character.” Thus, under Birkbeck his Title VII claims against these defendants fail.

Section 2000e(b)'s definition of employer does not make a sheriff individually liable under Title VII, even if he makes final employment decisions.

Blankenship v. Warren County, Va. · filed 1996-06-26(b)

Plaintiff analogizes the Sheriff to an employer, who is liable under Title VII (so long as he employs at least fifteen employees, § 2000e(b)). ... Even assuming the Sheriff shares little in common with a mid-level supervisor, and is indeed a final decision maker, he cannot be held liable in his individual capacity under Title VII.

Section 2000e’s definition of employer does not make individual supervisors personally liable under Title VII.

Haynes v. Williams · filed 1996-07-12(b)

Accordingly, we continue to adhere to this court’s established, pre-amendment rule that personal capacity suits against individual supervisors are inappropriate under Title VII.

Section 2000e(b) attributes an agent’s discriminatory acts to the employer but does not make the agent individually liable under Title VII.

Schanzer v. Rutgers University · filed 1996-07-16(b)

This court is persuaded, for reasons discussed herein, that discriminatory actions perpetrated by an employer’s agent generates liability for the employer-entity only.

Section 2000e(b) includes an employer’s agents in the definition of employer, but supervisors are not individually liable for damages under Title VII for actions taken in a supervisory capacity.

Valle v. Johnson Controls World Services, Inc. · filed 1996-07-18(b)

Although an “employer” as defined by Congress includes the employer’s agents, see 42 U.S.C. § 2000e(b), a manager or supervisor can never be individually liable under Title VII to pay damages for actions taken in his supervisory capacity. ... Accordingly, the Court finds that Valle’s Title VII claims against Nowland in his individual capacity should be dismissed.

Section 2000e(b)’s definition of “employer,” including its reference to agents, does not make employees or supervisors personally liable under Title VII.

Burnett v. Tyco Corp. · filed 1996-07-19(b)

“Employer” is defined to mean “a person engaged in an industry affecting commerce who has fifteen or more employees ... and any agent of such person.” 42 U.S.C. § 2000e(b). ... Indeed, the foregoing analysis shows that the weight of authority rejecting individual liability is now even greater. Therefore, the Title VII and THRA claims against Defendant Phillips must be dismissed.

Section 2000e(b) permits individual Title VII liability only when the individual meets its definition of “employer”; an employee’s actions may still make the employer liable under agency principles.

Patterson v. P.H.P. Healthcare · filed 1996-07-26(b)

Although individuals may not be held liable under Title VII unless they meet § 2000e(b) definition of “employer,” an individual employee’s actions may subject the employer to liability under agency principles.

Title VII’s definition of employer does not make individual employees liable.

Dici v. Commonwealth of Pennsylvania · filed 1996-07-31(b)

In light of this, we conclude, for the reasons previously given by the court in Sheridan and the other courts of appeals, that individual employees cannot be held liable under Title VII.

Section 2000e(b) includes an employer’s agents to make the employer responsible for their conduct, but does not make supervisors individually liable under Title VII.

Hernandez v. Wangen · filed 1996-08-01(b)

As enticing as these rationales may be, a careful inspection of the overall language of Title VII, the legislative history, and the Civil Rights Act of 1991 demonstrates that Congress used the word “agent” in the definition of “employer” to incorporate the doctrine of respondeat superior into the law. ... Until that day, individual defendants like Patrick Wan-gen are not liable under Title VII.

Section 2000e(b)’s definition of employer does not make an employer’s agent individually liable under Title VII, including the Pregnancy Discrimination Act.

Johnson v. A.P. Products, Ltd. · filed 1996-08-06(b)

Under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., an employer’s agent may not be held individually liable.

Section 2000e(b)'s definition of employer does not impose individual Title VII liability on employees, including supervisors.

Stevenson v. Brod Dugan Paint and Wall Coverings · filed 1996-08-23(b)

The Eighth Circuit views Title VII and the ADEA as having analogous definitions of "employer"; it has held that a Title VII plaintiff's co-workers cannot be held individually liable even if such co-workers might be considered agents of their employer; and it has embraced the majority view that an employee, even one possessing supervisory authority, is not an "employer" upon whom liability can attach under Title VII. In light of these findings, this Court determines that individual liability cannot attach to defendants Brod, Bergen, and Sokolowski.

Section 2000e’s definition of employer does not make individual employees personally liable under Title VII.

Poynton v. Special School Dist. of St. Louis County · filed 1996-08-26(b)

First, the court notes that defendants Dennis Buhr, Sharmon Wilkinson and Deborah Leahey are not individually liable under Title VII or the ADEA because they are not the employer to whom those statutes are directed.

Section 2000e(b) includes an employer’s agents, allowing a supervisor with authority over employment decisions to be sued in an official capacity, but not personally for damages.

Wilson v. Sysco Food Services of Dallas, Inc. · filed 1996-08-22(b)

The evidence presented by Plaintiff is sufficient to create a factual issue with respect to the scope of Bonneau’s authority to hire and fire and to control the terms and conditions of Plaintiffs employment. Summary judgment is therefore not appropriate with respect to any Title VII liability that Plaintiff seeks against Bonneau in his official capacity. However, since individual employees cannot be held personally liable under Title VII, Plaintiffs claim against Bonneau in his individual capacity is without merit.

Section 2000e(b) permits individual liability for a supervisor acting as an employer’s agent.

Kramer v. Windsor Park Nursing Home, Inc. · filed 1996-09-10(b)

Accordingly, we will adhere to our conclusion that Title VII does provide for individual liability until the Sixth Circuit or the Supreme Court decides otherwise.

Section 2000e(b) excludes supervisory employees from the definition of “employer,” so they cannot be held individually liable under Title VII for allegedly discriminatory discharge.

Johnson v. Kmart Corp. · filed 1996-09-11(b)

However, because the matter is so well-settled, it bears repeating that even supervisory employees do not fall within the definition of “employer” under § 2000e(b) of Title VII, and therefore Title VII liability for allegedly discriminatory discharge cannot be imposed on employees in their individual capacity.

Section 2000e(b)’s definition of employer does not make individual employees or supervisors personally liable under Title VII.

Cerrato v. Durham · filed 1996-09-16(b)

Because I agree with defendant that, under the Second Circuit’s analysis, neither statute provides for individual liability, defendant’s motion to dismiss on this ground is granted.

Section 2000e(b)'s definition of employer does not make co-employees or supervisors individually liable under Title VII.

Karstens v. International Gamco, Inc. · filed 1996-09-17(b)

This Court agrees with the reasoning of the Engle and Miller courts and, in light of Lenhardt, holds that individuals, whether co-employees or supervisors, cannot be held liable under Title VTI.

Section 2000e’s definition of employer excludes individual coworkers and supervisors from Title VII liability.

Harbit v. Voss Petroleum, Inc. · filed 1996-09-18(b)

I. Summary judgment upon the civil rights claim was appropriate against Harbit’s coemployees because the relief sought was unavailable as against them.

Section 2000e(b)’s definition of employer does not make supervisors individually liable under Title VII unless they themselves qualify as employers.

Scarborough v. Brown Group, Inc. · filed 1996-09-25(b)

“Employer” is defined to mean “a person engaged in an industry affecting commerce who has fifteen or more employees ... and any agent of such person.” 42 U.S.C. § 2000e(b). ... This court joins the majority and holds that Defendants Spelling and Siler cannot be sued as individuals under Title VII. There is no allegation in the complaint that they are “employers”. Therefore, the Title VII claims against them must be dismissed.

Section 2000e(b) does not treat an individual supervisor as an employer when the supervisor’s alleged conduct consists only of plainly delegable duties.

Michael v. Sentara Health System · filed 1996-10-07(b)

The Court finds that Sehwarga is charged with no more than the plainly delegable duties associated with her role as Plaintiffs’ supervisor. Accordingly, on the authority of the Fourth Circuit’s decision in Birkbeck, and this Court’s own precedent, Sehwarga is not an “employer” under Title VII.

Section 2000e(b)’s definition of employer does not make a business’s owners individually liable under Title VII, even if they are the business’s alter egos.

Feltner v. Partyka · filed 1996-10-08(b)

As the court noted in AIC Security, the Partykas (depending on which Partyka currently owns what portion of Title Search) may have to “absorb the pinch” from any liability found on Title Search’s part, especially if the corporate veil is pierced at some point, but this does not lead to the conclusion that the Partykas may be individually liable under Title VII, as they are named in this suit.

Section 2000e(b)’s definition of employer does not make an individual coworker personally liable under Title VII.

Carlson v. Rockwell Space Operations Co. · filed 1996-10-15(b)

The Court's ruling that Castillo is not subject to Title VII liability moots the issues on the merits of Plaintiff's Tide VII claims, and therefore the Court does not address those arguments.

Section 2000e(b) defines an employer to include its agents, but employees who do not themselves qualify as employers cannot be sued in their individual capacities under Title VII.

Davidson v. Service Corp. International · filed 1996-10-23(b)

Suit cannot be brought against employees in their individual capacities under Title VII and there has been no evidence to suggest that Griffith, Willis, or Wynn are “employers” under Title VII’s definition of the term. Accordingly, the Court finds Defendants Griffith, Willis, and Wynn are entitled to summary judgment and should be dismissed from this suit.

Section 2000e(b)’s definition of employer excludes a supervisor sued in his individual capacity from personal liability under Title VII.

Geier v. Medtronic, Inc. And David H. Roberts · filed 1996-10-29(b)

Roberts, sued in his individual capacity, is merely a supervisor and therefore operates without risk of Title VII personal liability.

Section 2000e(b)’s definition of employer does not permit individual capacity suits under Title VII for personnel decisions of a plainly delegable character.

Bryant v. Locklear · filed 1996-11-22(b)

Thus, the rule that emerges from the two decisions is that individual capacity suits may not be maintained under Title VII or the ADEA where the personnel decisions at issue are of a plainly delegable character.

Section 2000e(b)'s definition of employer does not make an employer's agents individually liable under Title VII.

Lewis v. State of Del. Dept. of Public Instruction · filed 1996-12-04(b)

The Third Circuit Court of Appeals has clearly spoken on the issue; defendants Woodruff, Nichols, and Forgione may not, under any set of facts, be held individually liable for Title VII violations.

Section 2000e(b)’s definition of employer does not make individual employees personally liable for Title VII violations.

Nelson v. Fleet National Bank · filed 1996-12-05(b)

It follows that Naworol may not, under any set of facts, be held individually liable for Title VII violations.

Section 2000e(b)’s definition of employer can include an individual who engages in sexual harassment.

White v. CMA Const. Co., Inc. · filed 1996-12-06(b)

Defendant McNeal argues that his Rule 12(b)(6) motion must be granted because, as a matter of law, he cannot be an “employer” within the meaning of 42 U.S.C. § 2000e(b). Based on the foregoing discussion, however, individual liability under Title VII can arise in cases involving sexual harassment.

Section 2000e(b)’s definition of employer does not make individuals personally liable for ordinary personnel decisions made for the employer’s benefit.

Thayer v. Washington County School Board · filed 1996-12-18(b)

These are normal aspects of the employment relationship and are “plainly delegable” by the employer. As such, these alleged actions are insufficient to establish individual liability under Title VII or the ADEA.

Section 2000e(b)’s reference to an employer’s agent incorporates respondeat superior liability but does not make employees individually liable for damages under Title VII.

Griswold v. Fresenius USA, Inc. · filed 1997-02-20(b)

The almost universal weight of recent authority has held that the purpose of the agent provision was solely to incorporate respondeat superior liability into the statute, and an agent cannot be sued for damages in his individual capacity. ... This Court finds both the reasoning and weight of the above-cited authority persuasive. Defendants’ motion to dismiss Counts I and II of Plaintiffs amended complaint against Defendants Kinder and Griswold is granted.

Section 2000e(b)'s definition of employer does not make a corporation's sole owner individually liable under Title VII merely because she controls its operations and decisions.

Manns v. the Leather Shop Inc. · filed 1997-03-07(b)

Similarly, the fact that Peterson is the sole owner of the Leather Shop and retains control of its operations and decisions does not render her liable in her individual capacity under Title VII. Peterson may be held liable only in her official capacity, as an agent of the Leather Shop.

Section 2000e(b)'s definition of employer does not make individual employees or supervisors personally liable under Title VII.

D.W. v. Radisson Plaza Hotel Rochester · filed 1997-03-12(b)

This Court agrees with the reasoning of the Sheridan and AIC Security Investigations courts and, following the clear leading of the Eighth Circuit in the Lenhardt decision, holds that individuals, whether co-employees or supervisors, cannot be held liable under Title VII.

Section 2000e(b)’s inclusion of an employer’s “agent” permits suits against supervisors in their official capacities but does not impose individual liability under Title VII.

Blankenship v. BMI Refractories · filed 1997-03-14(b)

This court is not persuaded that the use of the word “agent” in the definition of employer is dispositive of the issue. In light of the most sensible interpretation of the statutory framework as a whole, the Court can only conclude that the word “agent” implies that suits against individuals in their official capacities are permissible. For those reasons, Defendants’ motion to dismiss Plaintiffs Title VII and ADEA claims against Defendant Knowlton is hereby GRANTED.

Section 2000e(b) does not make a supervisor individually liable under Title VII as an employer.

Garner v. Knoll Bros. Quick Marts, Inc. · filed 1997-04-04(b)

In accordance with the rationale of the Seventh Circuit this court finds that David C. Knoll is not an “employer” under Title VII and therefore is not amenable to individual suit.

Section 2000e(b)’s definition of employer does not make individual supervisors personally liable under Title VII merely because they are agents of the employer.

Pineda v. Almacenes Pitusa, Inc. · filed 1997-05-06(b)

Furthermore, this Court has examined Magistrate Arena’s report and agrees with his conclusions and recommendations, for which reason we hereby APPROVE and ADOPT them as our own. ... De Jesús may pursue her Title VII sexual harassment claim against co-defendants Vélez and Lasalle only if they were her “employers” within the meaning of Title VII. The statute defines an employer as “a person engaged in an industry affecting commerce who has fifteen or more employees ... and any agent of such a person.” 42 U.S.C. § 2000e(b). ... For all of the above reasons, I find persuasive the reasoning of the majority position that Title VII does not impose individual habihty on an employee’s supervisors.

Section 2000e(b) does not make supervisory agents individually liable under Title VII; liability rests with the employer.

Chinn v. City University of New York School of Law at Queens College · filed 1997-05-21(b)

Tomka held that “agents,” such as supervisory personnel, are not “employers” for purposes of Title VII liability. 66 F.3d at 1314-15; see 42 U.S.C. § 2000e(b). The Second Circuit, acknowledging a split in the circuits, concluded that Title VII’s carefully calibrated remedial scheme does not impose individual liability on agents of employers, but only holds the employer liable. Tomka, 66 F.3d at 1313-15. The Court concludes that plaintiff cannot hold Dean Glen liable on his Title VII claims.

Section 2000e(b)’s definition of employer does not make an employee or supervisor personally liable under Title VII solely because the person is the employer’s agent.

Wathen v. General Electric Co. · filed 1997-06-10(b)

We now hold that an individual employee/supervisor, who does not otherwise qualify as an “employer,” may not be held personally liable under Title VII.

Section 2000e(b)'s definition of employer does not make employees or supervisors personally liable under Title VII unless they otherwise qualify as employers.

Wathen v. General Electric Co. · filed 1997-06-10(b)

In sum, we find that the statute as a whole, the legislative history and the case law support the conclusion that Congress did not intend individuals to face liability under the definition of "employer" it selected for Title VII.

Section 2000e(b)'s definition of employer does not impose personal liability on supervisors for delegable employment decisions such as reassignments and work assignments.

Scannell v. Bel Air Police Department · filed 1997-06-16(b)

Retaliatory and discriminatory acts based on the victim’s gender such as reassignments, increased or “do-over” tasks and the like are precisely the kind of delegable employment-related acts for which personal liability may not be imposed under the Birkbeck footnote. Accordingly, the individual capacity claims shall be dismissed.

Section 2000e(b)'s definition of employer does not make a supervisor individually liable under Title VII; liability rests with the employer.

Bales v. Wal-Mart Stores, Inc. · filed 1997-06-19(b)

The Court holds that Vallejo may not be held individually liable on the Title VII claim, but Bales was entitled to proceed with her Title VII action against Vallejo in his official capacity as supervisor. Liability on this claim can be imposed only against Wal-Mart as the common employer of Bales and Vallejo.

Section 2000e(b)’s definition of employer does not make individual employees personally liable under Title VII.

Penhollow v. BD. OF COMMISSIONERS CECIL COUNTY · filed 1997-06-30(b)

As we view it, Title VTI’s purpose was not to impose liability on individual employees; traditional tort remedies are sufficient to redress harm to individual victims on the part of individual employees.

Section 2000e(b)'s definition of employer does not impose individual liability on supervising employees under Title VII.

Logan v. West Coast Benson Hotel · filed 1997-09-09(b)

Defendant Kirshner has moved for summary judgment on the ground that he cannot be individually liable under Title VII. The Ninth Circuit follows the rule that in regards to “the issue of individual liability under Title VII, ... liability runs to qualifying employers’ only and not to individuals.” ... Therefore, this court is bound by this precedent. ... Therefore, under this circuit’s legal precedent, Kirshner is a protected supervising employee. Consequently, he is entitled to summary judgment on this issue.

Section 2000e limits Title VII suits against individual employees to their official capacity.

Middlemist v. BDO Seidman, LLP · filed 1997-10-02(b)

Suits against individuals under Title VII of the Civil Rights Act of 1964, § 701, as amended, 42 U.S.C. § 2000e (1994), must proceed against such persons in their official capacity; individual capacity suits are inappropriate. “The relief granted under Title VII is against the employer, not individual employees whose actions would constitute a violation of the Act.”

Section 2000e does not authorize a federal employment discrimination claim against an individual employee.

Costa v. School Bd. of Broward County · filed 1997-11-12

The third district cited Busby v. City of Orlando, 931 F.2d 764 (11th Cir.1991), which holds that suits against individual employees are not authorized by the federal whistle blower statute, 42 U.S.C. section 2000e (1993). We agree with the third district's interpretation of the statute in De Armas which precludes a Florida statutory claim against the principal in this case. Similarly, Busby precludes a federal claim against him. We therefore reverse the trial court's denial of the principal's motion to dismiss the claims against him and remand for a new trial against the School Board only.

Section 2000e(b) defines covered employers by a fifteen-employee threshold; individual employees are not personally liable under Title VII.

Herrera v. Boyd Coating Research Co., Inc. · filed 1997-11-19(b)

This Court is persuaded by the logic of the majority of circuit courts holding that Title VII does not subject individuals to LabiLty in their personal capacity. Because Congress limited Title VII coverage to employers with fifteen or more employees to protect small employers with limited resources “[i]t is inconceivable that Congress intended to allow civil Lability to run against individual employees.”

Section 2000e(b) does not make individual supervisors personally liable for Title VII violations.

Mitchell v. Fab Industries, Inc. · filed 1998-01-09(b)

Claims against individual supervisors should be dismissed as a matter of law.

Section 2000e(b) does not make individuals personally liable under Title VII.

Barcher v. New York University School of Law · filed 1998-01-29(b)

I note additionally, however, that the motions to dismiss each of the individual defendants are meritorious since individuals cannot be held personally liable under Title VII.

Section 2000e(b)’s definition of “employer” limits individual liability under Title VII to people who meet that definition.

Colbert v. Georgia-Pacific Corp. · filed 1998-01-30(b)

Title VII does not permit the imposition of liability upon individuals, even those functioning in a management capacity, unless they meet the definition of “employer” under Title VII.

Section 2000e(b)’s definition of employer does not make an individual employee personally liable under Title VII when the employee does not qualify as an employer.

Harris v. Electric · filed 1998-02-06(b)

Because Shimko is not an employer under Title VII, he is entitled to summary judgment on Harris’ Title VII claim.

Section 2000e(b) defines “employer” to include an employer’s agents, but does not make those agents individually liable under Title VII.

Blumenthal v. Murray · filed 1998-02-11(b)

An employer is defined as a “person engaged in an industry affecting commerce ... who has fifteen or more employees ... and any agent of such a person.” 42 U.S.C. § 2000e(b). Congress never intended that individuals be liable under the term “employer.”

Section 2000e(b)’s definition of employer does not make an individual employee or supervisor personally liable under Title VII unless that person otherwise qualifies as a statutory employer.

Stein v. Kent State University Board of Trustees · filed 1998-02-18(b)

Plaintiff Stein’s remaining claims in counts 1 and 3 of her amended complaint can only be brought against Defendant KSU. The other named defendants have valid defenses to liability. An individual employee or supervisor, who does not otherwise qualify as a statutory “employer” for purposes of federal civil rights law, may not be found personally liable under Title VII of the Civil Rights Act of 1964.

Title VII permits claims against employers but does not impose individual liability.

Demilo-Fytros v. City of Mount Vernon · filed 1998-02-18(b)

However, none of the individual defendants may be individually liable under Title VII. Title VII provides for employer liability but not for individual liability.

Section 2000e(b) makes employers responsible for their agents’ actions but does not make the agents personally liable under Title VII.

Kim GASTINEAU, Plaintiff-Appellant, v. FLEET MORTGAGE CORPORATION, Defendant-Appellee · filed 1998-02-23(b)

We affirmed that decision, holding that while Title VII’s definition of “employer” does include the term “agent,” Congress intended only for employers to be liable for their agent’s actions under the traditional respondeat superior doctrine, not for agents to be personally liable. ... Williams controls the case before us, and the district court correctly dismissed the individual defendants as not covered by Title VII.

Section 2000e(b) makes employers responsible for their agents’ conduct but does not make agents individually liable under Title VII.

Vargas v. Colon · filed 1998-03-25(b)

First the definition of “employer” under the Act, 42 U.S.C. § 2000e(b), which includes the employer’s “agents”, is not a vehicle to impute liability upon said agent, but a means to incorporate respondent superior liability into the law.

Title VII’s definition of employer does not make individual employees liable, even though it includes an employer’s agents.

Harel v. Rutgers, State University · filed 1998-04-24(b)

The statute defines “employer” as “a person in an industry affecting commerce who has fifteen or more employees ... and any agent of such a person.” 42 U.S.C. § 2000e(a). ... the Third Circuit explicitly adopted the approach of the majority of circuits and concluded that individual employees cannot be held liable under Title VII. This decision is obvious, binding precedent: the Court dismisses the Title VII claims against Seneca and Lawrence.

Section 2000e(b)’s definition of employer does not make supervisors personally liable for routine, delegable personnel decisions.

Williamson v. Virginia First Savings Bank · filed 1998-04-27(b)

Considering Birkbeck’s holding, Patton and Whitley can be liable under Title VII only if their conduct cannot be categorized as a plainly delegable duty.

Section 2000e(b) treats an employer’s agents as a basis for employer liability, but does not make the agents individually liable under Title VII.

Gibson v. Hickman · filed 1998-04-27(b)

This circuit, however, is among those that have interpreted this definition to be merely an expression of respondeat superior liability. That is, under Title VII, discriminatory personnel actions taken by an employer’s agent only create liability for the employer-entity, and not for the agents themselves.

Section 2000e(b) places Title VII liability on the employer rather than an individual supervisor.

Bales v. Wal-Mart Stores · filed 1998-05-07(b)

Thus the District Court properly decided that Vallejo could be liable only in his capacity as an employee of Wal-Mart and that the damages assessed against Vallejo were properly imposed upon the "common employer" of Bales and Vallejo.

Section 2000e(b)'s inclusion of an employer's agents supports employer liability for their acts but does not make individual employees personally liable under Title VII.

Weld v. Southeastern Companies, Inc. · filed 1998-07-08(b)

While both laws include the word “agent” in their definitions of employer, the Eleventh Circuit has interpreted such inclusion only valid in reference to claims requiring respondeat superior liability. ... Such analysis leaves this Court with no other option but to accordingly dismiss counts I and II with respect to their application to the Individual Defendants.

Section 2000e(b) defines an employer; individuals who do not qualify as employers are not individually liable under Title VII.

Williams v. United Dairy Farmers · filed 1998-09-18(b)

“Employer,” under Title VII, is “a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person ...” 42 U.S.C. § 2000e(b). Because the individual defendants do not qualify as “employers,” the Court hereby GRANTS Defendants’ Motions for Summary Judgment as to the Title VII claims against Bales, Broersma, Caudill, and Gray.

Section 2000e(b) limits Title VII liability to employer entities, despite its reference to an employer’s agents.

Bernhardt v. Interbank of New York · filed 1998-09-25(b)

Despite the reference to an employer’s agent, the Second Circuit has refused a literal interpretation of the statute and held that Congress intended to limit liability to employer-entities. ... Defendants’ motion to dismiss the Title VII and ADEA claims against Mr. Kelley and Mr. Contominas is granted.

Section 2000e(b)'s definition of employer excludes a supervisor sued in an individual capacity from Title VII liability.

Cox v. National Football League · filed 1998-09-28(b)

Because Cox has sued Tagliabue in his individual capacity and Tagliabue is merely a supervisor, he is not subject to Title VII liability.

Section 2000e(b) includes an employer’s agent in the definition of employer, making a supervisory agent personally liable for the agent’s discriminatory acts.

Wyss v. General Dynamics Corp. · filed 1998-10-07(b)

The statute defines employer as a person with 15 or more employees or “any agent of such a person.” 42 U.S.C. §§ 2000e(b). Thus this Court must begin with the assumption that the employer and the employer’s agent are jointly and severally liable.

Section 2000e(b)'s inclusion of an employer's agents does not make supervisors individually liable for Title VII violations.

Lissau v. Southern Food Service, Inc. · filed 1998-10-28(b)

We interpret the inclusion of agent in Title VII's definition of employer simply to establish a limit on an employer's liability for its employees' actions.

Section 2000e(b)'s definition of employer does not make individual employees, including supervisors, personally liable under Title VII.

Alonzo v. Chase Manhattan Bank, N.A. · filed 1998-12-01(b)

The claims against each of these individuals are hereby dismissed as a matter of law. In Tomka v. Seiler, 66 F.3d 1295, 1304, 1314 (2d Cir.1995), the Second Circuit held that individual defendants, including those with supervisory capacity, could not be held personally liable for alleged violations of Title VII.

Section 2000e(b)'s definition of employer can include a person who effectively controls the business under an alter ego theory.

Santiago v. Lloyd · filed 1998-12-23(b)

The Court finds that under an alter-ego theory, Lloyd can effectively be considered the “employer” for the purposes of individual liability under Title VII.

Section 2000e(b) limits Title VII liability to employers and does not make individual employees personally liable.

Heningburg v. Jeans · filed 1999-03-05(b)

It is clearly settled law in this Circuit that claims under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e(b), the Americans with Disabilities Act, 42 U.S.C. §§ 12111, et seq., and the Age Discrimination in Employment Act, 29 U.S.C. § 630(b), may only be brought against an employer — none of these acts afford a cause of action against an employee in his or her individual capacity.

Section 2000e(b)’s definition of “employer” limits Title VII liability to those who meet that definition.

Boykins v. Entergy Operations · filed 1999-04-16(b)

The district court correctly dismissed Boykins’s claims against these named defendants on the grounds that Title VII does not impose liability on individuals who do not meet the statutory definition of “employer.”

Section 2000e(b)’s definition of employer generally does not make supervisors or agents personally liable under Title VII, but an individual who is the employer’s alter ego may be liable.

Canabal v. Aramark Corp. · filed 1999-04-26(b)

Therefore, because Title VII is mostly structured to guide an employer’s behavior, the Court finds that Title VII does not provide for individual liability. Notwithstanding the general rule of no individual liability, the rule is not without its exception. ... In this case, the Court, therefore, must determine whether, at the relevant time, Gómez “was” Aramark, or, as described in Santiago, “identical to the employer.” ... It would undeniably be a stretch to state that Gómez was Aramark’s alter ego.

Section 2000e(b) limits Title VII liability to employer entities; an individual supervisor cannot be sued in either an individual or official capacity.

McBride v. Routh · filed 1999-05-12(b)

Tomka and the language of Title VII compel a holding that only employer-entities have liability under Title VII. Thus, we hold that plaintiff may not assert a Title VII claim against defendant Routh in her individual or official capacity.

Section 2000e(b)'s definition of employer does not permit a Title VII claim against a supervisor in an individual capacity.

Cox v. Indian Head Industries, Inc. · filed 1999-05-20(b)

The Fourth Circuit has recently held that Title VII does not provide for suit against a supervisor in his or her individual capacity, noting both the language of the statute and its remedial scheme is tied to employer, not individual, liability. ... IT IS FURTHER ORDERED that the motion of Defendant Barnett for judgment on the pleadings is GRANTED as to the claims brought pursuant to Title VII and N.C.Gen.Stat. § 143-422.2, and the same are hereby DISMISSED.

Section 2000e(b) limits Title VII employer liability to employers with at least fifteen employees; individual employees are not personally liable.

Newtown v. Shell Oil Co. · filed 1999-06-08(b)

Title VII limits liability to employers with fifteen or more employees, see 42 U.S.C. § 2000e(b), but provides no basis for personal liability of individual employees.

Section 2000e(b) defines an employer to include a person with at least fifteen employees and that person's agents, but does not provide for individual employee liability.

Kohn v. AT & T CORP. · filed 1999-06-21(b)

The Title VII, ADA and ADEA definitions of “employer” are virtually identical. Title VII provides for liability for discriminatory conduct against a “person engaged in an industry affecting commerce who has fifteen or more employees ... and any agent of such a person.” 42 U.S.C. § 2000e. ... These statutes do not contain similar provisions providing for liability against an individual employee.

Section 2000e(b)’s reference to an employer’s agents permits respondeat superior liability; an individual agent is liable under Title VII only if the agent independently meets the definition of employer.

Ross v. Wald Moving & Strg · filed 1999-08-18(b)

We noted that the purpose of the “agent” provision in § 2000e(b) was merely to incorporate respondeat superior liability into Title VII. ... Thus, the district court committed no error in granting summary judgment to Ryan.

Section 2000e’s definition of employer does not make supervisors personally liable for discrimination or retaliation under Title VII.

Viera v. Olsten Kimberly Quality Care · filed 1999-09-07(b)

It is well established that individuals with supervisory control over a plaintiff cannot be held personally liable for discrimination or retaliation under Title VII.

Section 2000e(b)’s definition of employer does not make individual supervisors personally liable under Title VII.

Maldonado-Cordero v. AT & T · filed 1999-11-01(b)

This Court agrees that Title VII’s language and legislative history do not support holding individuals liable under the statute.

Section 2000e(b) includes an employer’s agents to make the employer liable for their acts, but does not make the agents individually liable.

Evans v. North Street Boxing Club · filed 1999-12-16(b)

Congress’s purpose in extending the definition of an employer to encompass an “agent” in section 2000e(b) was simply to incorporate respondeat superior liability into Title VII, not to provide for individual liability.

Section 2000e(b)’s reference to an employer’s agents incorporates respondeat superior principles into employer liability but does not make agents personally liable under Title VII.

Alberte v. Anew Health Care Services, Inc. · filed 2000-02-08(b)

In sum, we conclude that the better reasoned interpretation of the phrase "and any agent" in 42 U.S.C. § 2000e(b) and 42 U.S.C. § 12111(5)(A) is that it expresses Congress's intent to incorporate respondeat superior principles into the definition of "employer." ... We therefore reverse the decision of the court of appeals and join the Seventh Circuit and the majority of federal circuit courts in concluding that an individual is not personally liable under Title VII or the ADA.

Section 2000e(b) includes agents in the definition of employer to address an employer’s liability for their acts; it does not make supervisors individually liable.

Horney v. Westfield Gage Co. · filed 2000-05-01(b)

In other words, the inclusion of the term “agent” speaks to the extent of an employer’s liability, not the liability of the individual.

Section 2000e(b)'s definition of employer does not permit Title VII claims against an individual supervisor in either a personal or official capacity.

Perks v. Town of Huntington · filed 2000-05-23(b)

The court reasoned that liability may only be imposed on an employer with fifteen or more employees because Congress did not want to burden small, entities with litigating discrimination claims. It was therefore “inconceivable” that Congress would have allowed individual employees to bear that burden. ... This rationale applies equally well to liability against individuals in their official capacities.

Section 2000e’s definition of employer does not make an employer’s individual agents personally liable under Title VII.

Watkins v. California Dept. of Corrections · filed 2000-06-21(b)

It is firmly established that liability under Title VII is limited to employers and does not extend to an employer’s individual agents.

Section 2000e(b)’s definition of employer does not make a supervisor personally liable under Title VII merely because the supervisor can hire or fire employees.

Harrison v. New York City Off-Track Betting Corp. · filed 2000-08-04(b)

Therefore, in order to find individual liability here, Harrison must rely on any ... State and City human rights laws violated by Gutterman.

Section 2000e(b)'s definition of employer excludes individual capacity liability for supervisors, and naming a supervisor in an official capacity is redundant when the employer is also a defendant.

Ledbetter v. City of Topeka, Kan. · filed 2000-08-16(b)

Under Title VII, suits against individuals must proceed in their official capacity. Individual capacity suits are inappropriate under Title VII. ... Where, as here, the employer has been named as a defendant, the naming of alleged individual supervisors in their official capacity, whose actions may give rise to liability under Title VII, is redundant.

Section 2000e(b)’s definition of employer does not make individual employees personally liable under Title VII.

Ericson v. City of Meriden · filed 2000-09-25(b)

There is no provision, however, for personal liability of individual employees. ... Plaintiff admits that the City of Meriden was her employer; she asserts no claim that any of the individual defendants was her employer. Accordingly, we dismiss the Title VII claims in Count One against the individual defendants.

Section 2000e(b) limits Title VII employer liability to employer entities, so an individual supervisor cannot be sued in an individual or official capacity.

Miner v. Town of Cheshire · filed 2000-09-29(b)

The court is persuaded by the cases disallowing such official capacity claims. Tom-ka and the language of Title VII compel a holding that only employer-entities have liability under Title VII. Thus, Miner may not assert a Title VII claim against Dee-gan in her individual or official capacity.

Section 2000e(b) does not make individual supervisors personally liable under Title VII.

Dahms v. Cognex Corp. · filed 2000-11-20(b)

It defines “employer” as “a person engaged in an industry affecting commerce who has fifteen or more employees . . . and any agent of such person." 42 U.S.C. §2000e(b). ... The plaintiff has proffered no good reason for this court to deviate from the persuasive reasoning of the many courts which have concluded that there is no individual liability under Title VII. Rogers is therefore entitled to dismissal of Count II.

Section 2000e(b)'s definition of employer does not extend Title VII liability to individual supervisors.

Wallace v. Henderson · filed 2000-12-07(b)

Because the Court agrees with the parties that Title VII does not provide for individual liability, Wathen v. General Electric Co., 115 F.3d 400 (6th Cir.l997)(rejecting individual liability under Title VII), Plaintiffs claim against Grubbs for retaliation, in violation of Title VII (portion of Count One), is DISMISSED.

Section 2000e(b) includes an employer’s agents in its definition of “employer,” but does not make individual supervisors personally liable under Title VII.

Boise v. Boufford · filed 2001-01-11(b)

However, although Title VII defines “employers” as including employers’ “agents,” 42 U.S.C. § 2000e(b), the Second Circuit has interpreted this language to mean that “employer-entities” (such as NYU) may be held liable for the discriminatory acts of their agents (such as Boufford and Oliva), not that supervisors or agents are subject to individual liability. ... Therefore, because Boufford and Oliva are supervisory defendants who are not subject to individual liability pursuant to Title VII, the CRA, the ADEA, and the ADA, the complaint must be dismissed.

Individual employees cannot be held personally liable under Title VII unless they independently qualify as employers.

Allen v. Ohio Department of Rehabilitation & Correction · filed 2001-01-19(b)

The individual Defendants, however, are not subject to suit under Title VII.

An individual who does not qualify as an employer cannot be held personally liable under Title VII.

Gwen v. Regional Transit Authority · filed 2001-03-27(b)

In any event, the district court properly dismissed Gwen’s Title VII claims against McKinney in light of the fact that a non-employer individual cannot be held personally liable under Title VII.

Section 2000e(b) limits individual liability under Title VII to people who independently qualify as employers.

Shelton v. Ernst & Young, LLP · filed 2001-05-03(b)

Liability for employment discrimination under Title VII can only be imposed against an individual who qualifies independently as an employer.

Section 2000e(b) defines “employer”; Title VII provides for employer liability, not individual liability.

Smith v. AVSC International, Inc. · filed 2001-06-26(b)

Both Title VII and the ADEA provide only for “employer” liability, ... and share the same definition of “employer,” compare 29 U.S.C. § 630(b) with 42 U.S.C. § 2000e(b).

An individual supervisor who is not the plaintiff’s employer is not liable under Title VII.

Dupre v. Lifecare Hospitals · filed 2001-07-06(b)

The same is true of Scheerle, who is a supervisor and not an employer under Title VII.

Section 2000e(b)’s definition of employer does not make individual employees personally liable for damages under Title VII.

Mukaida v. Hawaii · filed 2001-07-12(b)

This court agrees that an individual employee cannot be liable for damages under Title VII.

Section 2000e(b)’s definition of employer, which includes an employer’s agents, does not impose individual Title VII liability on supervisors.

Dahms v. Cognex Corp. · filed 2001-10-29(b)

It defines “employer” as “a person engaged in an industry affecting commerce who has fifteen or more employees . . . and any agent of such person.” 42 U.S.C. §2000e(b). ... Therefore, as with the dismissal of this count against Rogers, because there is no individual liability under Title VII, Shillman is entitled to summary judgment on Count II.

A supervisor or employee cannot be held individually liable under Title VII unless that person qualifies as an employer.

Sharma v. Ohio State University · filed 2001-11-28(b)

Under Title VII, Sharma cannot recover against Riedl and Ray in their individual capacities. It is well-settled in this circuit that a supervisor or employee cannot be held liable for a Title VII violation unless he otherwise qualifies as an “employer.”

Section 2000e(b)’s definition of employer does not make supervisors individually liable for Title VII violations.

Knickman v. Prince George's County · filed 2002-03-06(b)

Knickman cannot assert Title VII claims against David Goode and F. Kirwan Wineland because no cause of action under Title VII exists against supervisors in their individual capacities.

Section 2000e’s employer definition does not make individual supervisors personally liable under Title VII.

Love-Lane v. Martin · filed 2002-03-26(b)

However, it is well-established that Congress intended for the Title VII remedial scheme to apply only to employers, not individual supervisors, such as Martin.

Section 2000e(b)’s definition of employer does not make supervisors individually liable under Title VII.

Figueroa v. City of New York · filed 2002-04-24(b)

Summary judgment must be granted for all causes of action against Darmiento, as supervisors may not be held individually liable under Title VII.

Section 2000e(b)’s definition of employer does not permit Title VII claims against supervisors in their individual capacities.

Ulmer v. Dana Corp. · filed 2002-05-02(b)

Title VII does not allow claims against supervisors in their individual capacity.

Section 2000e’s definition of employer does not make a corporate owner personally liable under Title VII merely because of ownership.

Miller v. Hall · filed 2003-02-04(b)

The presence of an individual owner of a corporate defendant in a Title VII action is superfluous.

Section 2000e(b)'s definition of employer does not make agents and supervisors personally liable under Title VII.

Cotto v. Citibank, N.A. · filed 2003-02-12(b)

This district has followed the majority of circuits, adopting the interpretive approach described above and holding that no personal liability can attach to agents and supervisors under Title VII.

Section 2000e(b) limits Title VII liability to employers, excluding individual supervisors and fellow employees who do not meet that definition.

Foley v. University of Houston System · filed 2003-03-06(b)

Unlike § 1981, however, relief under Title VII is available only against an employer, not an individual supervisor or fellow employee.

Section 2000e defines an employer using a fifteen-employee threshold, which supports excluding individual supervisors and agents from personal liability under Title VII.

Velez-Sotomayor v. Progreso Cash and Carry, Inc. · filed 2003-05-07(b)

The statutory structure of Title VII suggests that Congress did not intend to impose individual liability over supervisors or agents of employers. ... Liability under the statute is triggered when the defendant/employer retains fifteen or more employees. See 42 U.S.C. § 2000e. ... Accordingly, the undersigned joins the other decisions in this District and finds that Title VII does not provide for individual liability.

Section 2000e’s definition of employer does not make an employer’s employees, agents, or officers individually liable under Title VII.

Whitson Sr v. LM Services Corp. · filed 2003-07-03(b)

We further find that the magistrate judge2 properly dismissed the individual defendants. See Bales v. Wal-Mart Stores, Inc., 143 F.3d 1103, 1111 (8th Cir. 1998) (Title VII does not impose liability on employer’s employees, agents, or officers).

Section 2000e’s definition of employer excludes personal liability for an individual who is not the plaintiff’s employer.

Toran v. Bzdawka · filed 2003-07-11(b)

We can dispose easily of Toran’s Title VII claims against the individual defendants: he cannot maintain them, because under Title VII there is no personal liability for an individual defendant who is not herself the “employer.”

Section 2000e(b) makes employers liable for their agents’ acts but does not make agents individually liable under Title VII.

Healy v. Henderson · filed 2003-08-07(b)

The phrase “and any agent of such a person,” was intended by Congress to establish traditional respondeat superior liability.

Section 2000e(b)'s definition of employer excludes an individual employee from personal liability under Title VII.

Stewart v. May Department Stores · filed 2003-09-05(b)

Thus, he cannot be held liable under Title VII. Therefore, Dupree’s motion for summary judgment is granted without opposition.

Section 2000e does not subject individuals to liability under Title VII.

Zelinski v. Pennsylvania State Police · filed 2003-09-10

He is not subject to liability under 42 U.S.C. § 2000e because there is no individual liability under Title VII of the Civil Rights Act of 1964.

Section 2000e’s definition of “employer” does not make supervisors or agents personally liable under Title VII.

Iravedra v. Public Building Authority · filed 2003-09-23(b)

The Court thus concludes that Title VII does not provide for the imposition of individual liability to supervisors, following the majority of circuits’ holdings that no personal liability can attach to agents and supervisors under Title VII.

Section 2000e(b) includes an employer’s agents in the definition of employer to establish employer liability for their acts, but does not make the agents individually liable under Title VII.

Shabazz v. Texas Youth Commission · filed 2003-09-30(b)

Title VII defines “employer” as “a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person.” 42 U.S.C. § 2000e(b) (2003). ... As a result, an individual may sue his employer for respondeat superior liability, but may not sue the agent for Title VII liability.

Section 2000e(b) does not make individual supervisors personally liable as employers for discrimination under Title VII.

Hirsch v. Columbia University, College of Physicians & Surgeons · filed 2003-11-24(b)

The Second Circuit has expressly stated that individual supervisors can not be held liable as employers for discrimination under Title VII. ... Thus, Hirsch’s first cause of action is dismissed as to Pardes.

Section 2000e(b) limits Title VII relief to employers; an individual supervisor or fellow employee is not liable unless they meet the definition of an employer.

Foley v. Univ of Houston Sys · filed 2003-12-18(b)

Unlike § 1981, however, relief under Title VII is available only against an employer, not an individual supervisor or fellow employee.

Section 2000e(b)’s definition of employer excludes individual supervisors from liability under Title VII.

Creusere v. Board of Education · filed 2003-12-18(b)

Campbell and Bravard are not "employers” as defined by Title VII, and the district court therefore correctly determined that they are not individually liable under Title VII.

Section 2000e(b) makes the employer, rather than an individual administrator, the proper defendant for a Title VII claim.

Walker v. Board of Regents of the University of Wisconsin System · filed 2004-01-07(b)

As plaintiffs former employer, the board of regents rather than defendant Markee is the proper defendant for plaintiffs Title VII claim.

Individuals cannot be held personally liable as an employer or labor organization under Title VII.

Diggs v. Town of Manchester · filed 2004-02-13

The critical issue with respect to Plaintiffs Title VII claims against the Town’s General Manager, the Fire Chief, Assistant Fire Chief, and President of the Local Union is whether, as a matter of law, individuals can be held personally liable as an “employer” or a “labor organization” for discriminatory conduct under Title VII. ... Accordingly, Plaintiffs Title VII claims in Counts One, Two, and Three against Werbner, Weber, Bycholski, and Mayer are dismissed as a matter of law.

An individual supervisor who does not qualify as an employer cannot be held personally liable under Title VII.

McNeail-Tunstall v. Marshall USA · filed 2004-03-08(b)

Defendants Overheim and Higgins clearly are not employers for Title VII purposes. The Court accordingly grants Defendants’ motion for summary judgment on Plaintiffs Title VII claims as to Defendants Overheim and Higgins.

Section 2000e(b)’s definition of employer does not make individual supervisors liable under Title VII.

Martin v. Town of Westport · filed 2004-08-04(b)

First, Mr. Edwards asserts that he is not subject to suit under Title VII, since that law applies to employers and not to individuals, such as Mr. Edwards. Mem. in Supp. of Summ. J. at 8. The Court agrees. ... An “employer” is defined as “a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person.” 42 U.S.C. § 2000e(b). ... The Court therefore grants Mr. Edwards summary judgment on all of Mr. Martin’s Title VII claims, and in the remainder of this opinion, the Court will address Mr. Martin’s Title VII claims only with respect to the Town.

Section 2000e(b)’s inclusion of an employer’s agents does not make supervisors individually liable under Title VII.

Jones v. Tyson Foods, Inc. · filed 2004-08-13(b)

The Fourth Circuit’s decision in Lissau makes it clear that an employee who claims that she has been sexually harassed in the workplace must make her claim against her employer and not against the supervisor whom she claims sexually harassed her.

Section 2000e(b) does not make supervisors or agents personally liable under Title VII.

Santini v. Unisys Puerto Rico, Inc. · filed 2004-09-21(b)

Furthermore, the Court agrees with Sedlacek’s position that he is not liable under Santini’s Title VII claims because Title VII does not provide for individual liability of supervisors or agents in their personal capacities.

Section 2000e(b)'s definition of employer does not permit Title VII liability against an individual supervisor.

Villodas v. HealthSouth Corp. · filed 2004-09-29(b)

Individual defendants, such as Defendant Callanan, cannot be held liable under either Title VII or the ADEA. ... Plaintiffs claims based on Title VII and the ADEA (Counts I through III and V) asserted against Defendant Callanan are dismissed.

Section 2000e’s definition of employer does not impose individual liability under Title VII.

Payero v. Rico · filed 2004-09-30(b)

The motions to dismiss as plaintiffs Title VII claims against Co-defendants including Castaño is hereby GRANTED for lack of individual liability under Title VII.

Title VII claims against an employer cannot proceed against individual employees.

Coney v. Promotions Unlimited Corp. · filed 2004-10-28(b)

We do not address the claims against Maciuk and Greenberg — individuals whom Coney believes are responsible for the contested employment decision — because they are not proper parties.

Section 2000e(b) defines an employer to include its agents, but Title VII permits recovery against the employer itself, not an agent or owner individually.

Matthews v. MARTEN TRANSPORT, LTD. · filed 2005-01-31(b)

Title VII of the Civil Rights Act of 1964 defines “employer” as “a person engaged in an industry affecting commerce who has fifteen or more employees ... and any agent of such person.” 42 U.S.C. § 2000e(b). The statute allows recovery only against the employer itself.

Section 2000e(b)’s definition of employer excludes supervisors sued in their individual capacities.

Collins v. Illinois · filed 2005-03-04(b)

Also, Collins may not maintain a Title VII suit against her supervisors in their individual capacities. See Sattar v. Motorola, Inc., 138 F.3d 1164, 1168 (7th Cir.1998) (a supervisor acting in her individual capacity does not fall under Title VIPs definition of employer).

Section 2000e(b)’s definition of “employer” does not impose individual liability on an employer’s agents.

Edsall v. Assumption College · filed 2005-03-31(b)

This Court agrees with the overwhelming weight of authority that Title VII does not provide for individual liability. Accordingly, Count 1 will be dismissed as to Drs. Plough and Gower.

Section 2000e(b)'s definition of employer does not permit Title VII claims against individual employees.

Cortes v. University of Medicine & Dentistry of New Jersey · filed 2005-05-05(b)

The Third Circuit has declined to extend liability under Title VII to individuals, joining what it has called the “clear majority” of other circuits which have held that the term “employer” as used in Title VII does not encompass individual employees. ... Plaintiffs Title VII claims against all individual Defendants are not permitted by Title VII and will be dismissed.

Title VII’s definition of employer does not make individual supervisors personally liable for discrimination.

Lane v. Lucent Technologies, Inc. · filed 2005-06-10(b)

Title VII analogously does not permit individual liability.

Section 2000e(b) limits Title VII liability to employers; individual employees and supervisors cannot be sued under Title VII.

Hughes v. CACI, Inc.-Commercial · filed 2005-07-22(b)

Because Title VII applies to employers only, and not individual employees and supervisors, 42 U.S.C. § 2000e(b), the plaintiff can not maintain an action against the individually named defendants, see Gary v. Long, 59 F.3d 1391, 1399 (D.C.Cir.1995) (holding that "an employee must be viewed as being sued in his capacity as an agent of the employer, who is alone liable for a violation of Title VII”).

An individual employee who does not qualify as an employer cannot be held personally liable under Title VII.

Bangas v. Potter · filed 2005-08-08(b)

The law is clear in this circuit that individual liability may not be imposed on an employee, provided that the employee himself cannot be classified as an “employer,” under Title VII. ... Because Wessolek is merely a former employee of the USPS, and cannot be considered Bangas’s employer, he cannot be sued under Title VII.

Section 2000e’s definition of employer does not make supervisors or agents personally liable under Title VII.

Martinez v. Blanco Velez Store, Inc. · filed 2005-09-02(b)

Specifically, the Magistrate Judge concluded that plaintiffs claims against co-defendants Genzana and Cabrera under Title VII of the Civil Rights Act of 1991, 42 U.S.C. § 1981, and Puerto Rico’s Law 80 of May 30, 1976, 29 L.P.R.A. § 185a (unjust dismissal) warranted dismissal given than neither of these statutes provide for individual liability. ... In view of the aforementioned, the Court hereby APPROVES and ADOPTS the Magistrate Judge’s Report and Recommendation in its entirety, and GRANTS in part and DENIES in part defendant motion to dismiss (Docket No. 4). Plaintiffs claims under Title VII and Puerto Rico Law 80 against co-defendants Genza-na and Cabrera are hereby DISMISSED.

Section 2000e(b)’s employer definition does not make an individual supervisor directly liable under Title VII unless the supervisor otherwise qualifies as an employer.

Mayes v. Moore · filed 2006-02-16(b)

Within this circuit, individual supervisors, unless they are otherwise an employer under the statute, are not liable for Title VII claims.

Section 2000e(b) does not make individual supervisors personally liable under Title VII, despite including an employer’s agents in its definition of employer.

Lavergne v. HCA INC. · filed 2006-08-31(b)

The term employer includes “any agent,” but this circuit interprets that statute as not imposing individual liability.

Section 2000e(b) limits Title VII liability to employers, excluding individual employees and supervisors.

McMillian v. District of Columbia · filed 2006-12-21(b)

Title VII applies to employers only, not to individual employees and supervisors.

Section 2000e(b) limits Title VII liability to employers, excluding individual employees.

McManus v. Williams · filed 2007-03-06(b)

Title VII only applies to an employer, not to individual employees.