California Court of Appeal Rules Supervisors Cannot Be Sued for Retaliation in CDCR Whistleblower Case

The California Court of Appeal held that individual managers and supervisors cannot be sued for retaliation under Labor Code Section 1102.5, affirming dismissal of a whistleblower claim brought by a dental assistant at a California Department of Corrections and Rehabilitation facility. The National Law Review reported the ruling in Chaudhry v. State of California, 123 Cal. App. 5th 690 (2026).

The Chaudhry Ruling and Its Effect on CDCR

Farzana Chaudhry alleged that after she complained to her supervisor and Cal-OSHA about workplace safety issues, she received an unwarranted letter of instruction, a one-month unpaid suspension, two terminations that were later overturned or withdrawn, and other obstruction of her work. She resigned on her first day back. The trial court granted judgment on the pleadings for the State, the CDCR and three individual supervisors on her Labor Code Section 1102.5 and Whistleblower Protection Act claims.

In a matter of first impression in the California courts, the Court of Appeal held that individual managers and supervisors cannot be sued under Section 1102.5, notwithstanding the statute's reference to "any person acting on behalf of the employer." The court relied on Jones v. Lodge at Torrey Pines Partnership, 42 Cal. 4th 1158 (2008), which found no individual liability for retaliation under FEHA, and on related Labor Code provisions, including Section 1102.6, that refer only to "the employer."

The court revived Chaudhry's Section 1102.5 claim against the State and the CDCR on a constructive discharge theory, concluding that a jury could find that two baseless terminations "interspersed with attempts to sabotage the employee's ability to work" were sufficiently intolerable. The court affirmed dismissal of her Whistleblower Protection Act claim because she filed her lawsuit before exhausting her remedies with the State Personnel Board, whose website describes its role in state employee appeals.

Retaliation Claims Across Other Employers

Other employers faced retaliation and discrimination litigation on November 11, 2026. A former SpaceX employee filed a CRD complaint alleging sex discrimination and retaliation under FEHA, and a court affirmed the CRD's subpoena enforcement, The National Law Review reported. Workday asked a federal judge to decertify an age discrimination collective involving over 15,000 applicants in Mobley v. Workday, according to Forbes. Accenture appealed to the Court of Appeal to reinstate a ruling that it did not have to pay compensation to a former manager dismissed under its "up or elsewhere" performance model, CityAM reported.

What Comes Next in the CDCR Case

The Court of Appeal's decision returns Chaudhry's Section 1102.5 constructive discharge claim against the State and the CDCR to the trial court. The ruling leaves the dismissal of her Whistleblower Protection Act claim in place.