Generally, Title VII and the NYSHRL are very comprehensive and complex in their provisions. However, what does each law say about individual liability? Before we answer this question, it’s worth understanding something first. In law, particularly in the field of employment and labor law, the phrase “individual liability” implies that, except as otherwise explicitly and absolutely stated under a given law, provision, or statute, an individual, party, or entity is liable to another individual, party, or entity for all charges.

For the purposes of record, the information provided herein was current as of February 10, 2022. With that in mind, let us dive right into it.

1. Individual Liability Under Title VII

On the one hand, one notable thing about Title VII is that this federal law has no provision concerning individual liability. In fact, this is clear as it has been ruled by courts in the past. For instance, unless an individual meets the statutory definition of “employer,” Congress failed to show any intention to impose individual liability for back pay damages under this law (See Grant v. Lone Star Co., 21 F.3d 649, 653 (5th Cir. 1994)).

So, what is all this about? In our blog accessible through https://milettilaw.com/fed-law-employee-employer-coverage-andor-individual-liability/, we noted that as defined in Title VII, the term employer does not apply to a corporation owned wholly by the American government, the United States, an Indian tribe, any agency or department of the District of Columbia subject by statute to the competitive service’s procedures, and a bona fide private membership club (any other expect a labor organization) that is taxation exempted. We also added that pursuant to 42 U.S.C. § 2000e-1(a), Title VII does not apply to a society, educational institution, association, or religious corporation with respect to the employment of individuals or a given region to perform work connected with the carrying-on by the society, educational institution, association, or religious corporation of its activities.

Still, in another blog accessible through https://milettilaw.com/individual-liability-under-applicable-new-york-federal-law/, we mentioned that while it does not permit individual liability for a person who is the owner and sole shareholder of a corporation, Title VII has no provision concerning individual liability for the actions of coworkers and supervisors. We also noted that courts have ruled that individuals who do not otherwise qualify as employers under the law are not considered employers in line with the statutory definition of the term “employer,” as provided for pursuant to 42 U.S.C. § 2000e(b). We also added that, however, courts may consider the individual sole proprietor to constitute an employer who may be held liable under Title VII, especially for individuals who act as sole proprietors with 15 or more employees.

In this regard, as mentioned in the blog accessible through the first link provided above, private employers, labor organizations, employment agencies, and state, local, and federal governments that have 15 or more employees for 20 or higher calendar weeks in the preceding or current calendar year are covered by Title VII, as provided for under Sections 42 U.S.C. § 2000e(b)–(d) and 42 U.S.C. § 2000e-16(a).

In another ruling, a court ruled that individual liability cannot be imposed on individual defendants when it comes to back pay (See Miller v. Maxwell’s Int’l, 991 F.2d 583, 587-588 (9th Cir. 1993)).

2. Individual Liability Under the NYSHRL

On the other hand, pursuant to N.Y. Exec. Law § 296(6), and as ruled by courts in several cases (examples include but are not limited to, EEOC v. Suffolk Laundry Services, Inc., 48 F. Supp.3d 497, 524 (E.D.N.Y. 2014); Matter of New York State Div. of Human Rights v. ABS Elecs., Inc., 958 N.Y.S.2d 502, 504 (App. Div. 2013)), individual liability may be imposed on an individual under the NYSHRL if (1) he/she coerced, compelled, incited, abetted, or aided the discriminatory conduct, (2) he/she holds a position through which he/she has control over the decisions made by personnel in the place of employment, and (3) he/she has an ownership interest in the employer.

Concerning this provision, as mentioned in the blog accessible through https://milettilaw.com/employee-employer-coverage-andor-individual-liability-standards/, all employers, including both the New York state and its political subcategories, are covered by the NYSHRL pursuant to N.Y. Exec. Law § 292(5), which took effect on February 8, 2020.

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Isaac T.,

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