Opinion
CHIN, J.
In Reno v. Baird (1998) 18 Cal.4th 640 [76 Cal.Rptr.2d 499, 957 P.2d 1333] (Reno), we held that, although an employer may be held liable for discrimination under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.),1 nonemployer individuals are not personally liable for that discrimination. In this case, we must decide whether the FEHA makes individuals personally liable for retaliation. We conclude that the same rule applies to actions for retaliation that applies to actions for discrimination: The employer, but not nonemployer individuals, may be held liable.
I. Procedural History
Plaintiff Scott Jones sued his employer, The Lodge at Torrey Pines Partnership (The Lodge), and his supervisor at work, Jean Weiss, as well as others no longer involved in this litigation, for various causes of action, including sexual orientation harassment in violation of section 12940, subdivision (j)(l), sexual orientation discrimination in violation of subdivision (a), [1161]*1161and retaliation in violation of subdivision (h). The trial court granted summary adjudication in defendants’ favor regarding some of the causes of action, including the harassment cause of action. It found that plaintiff had failed to present admissible evidence of harassment by Weiss that was severe and pervasive enough to alter the conditions of his employment and create an abusive working environment.
Ultimately, two causes of action went to a jury trial: the claim for sexual orientation discrimination against The Lodge only, and the claim for retaliation against both The Lodge and Weiss. The jury returned a verdict for plaintiff on both causes of action. It awarded compensatory damages of $1,395,000 against The Lodge and $155,000 against Weiss, but found Weiss did not act with malice or oppression.
The trial court originally entered judgment on the verdict, but later it granted both defendants’ motions for judgment notwithstanding the verdict and, alternatively, for a new trial. Among other things, it concluded that plaintiff had presented insufficient evidence that he had suffered an adverse employment action as to both causes of action. Concerning defendant Weiss, it also ruled that an individual cannot be liable for retaliation. It entered judgment in favor of both defendants.
Plaintiff appealed, and defendants cross-appealed. The Court of Appeal reversed the order granting the motions for judgment notwithstanding the verdict and for a new trial, and reinstated the original judgment on the verdict. Among other things, the court concluded there was sufficient evidence that plaintiff had suffered an adverse employment action. It also found that an individual can be held liable for retaliation under the FEHA.
We granted defendants’ petition for review limited to the question whether an individual may be held personally liable for retaliation under the FEHA.
II. Discussion
Section 12940, part of the FEHA, begins, “It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California . . . .” Several subdivisions follow, defining various unlawful employment practices. One unlawful employment practice is for an employer to engage in specified kinds of discrimination. (Subd. (a).) Another, the one involved in this case, is “[f]or any employer, labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the [1162]*1162person has filed a complaint, testified, or assisted in any proceeding under this part.” (Subd. (h).) This form of unlawful employment practice is often called simply “retaliation.” (See, e.g., Yanowitz v. L’Oreal USA, Inc. (2005) 36 Cal.4th 1028 [32 Cal.Rptr.3d 436, 116 P.3d 1123] (Yanowitz).) Another unlawful employment practice is harassment. (Subd. (j).)2
Plaintiff has sued his supervisor at work, as well as the employer itself, for retaliation. We must decide whether individuals may be held personally liable for retaliation. In Reno, supra, 18 Cal.4th 640, we held that, although the employer may be liable for unlawful discrimination, individuals working for the employer, including supervisors, are not personally liable for that discrimination. The question here is whether language differences between subdivisions (a) (concerning discrimination) and (h) (concerning retaliation) require a different rule as to retaliation. Subdivision (a) makes it an unlawful employment practice for “an employer” to discriminate. Subdivision (h) makes it an unlawful employment practice for “any employer, labor organization, employment agency, or person” to retaliate.
Plaintiff argues that section 12940’s plain language—specifically, the use of the word “person” in subdivision (h) to describe who may not retaliate— compels the conclusion that all persons who engage in prohibited retaliation are personally liable, not just the employer. Accordingly, plaintiff argues, we must follow that plain meaning without engaging in other kinds of statutory interpretation. (See Coalition of Concerned Communities, Inc. v. City of Los Angeles (2004) 34 Cal.4th 733, 737 [21 Cal.Rptr.3d 676, 101 P.3d 563].) The courts that have considered the same argument, including the Court of Appeal in this case, have so held. (Taylor v. City of Los Angeles Dept. of Water & Power (2006) 144 Cal.App.4th 1216, 1236-1237 [51 Cal.Rptr.3d 206]; Walrath v. Sprinkel (2002) 99 Cal.App.4th 1237, 1240-1242 [121 Cal.Rptr.2d 806]; see also Winarto v. Toshiba America Electronics Components (9th Cir. 2001) 274 F.3d 1276, 1287-1288, and cases cited.) We disagree.
The statutory language is not plain. Subdivision (j), the subdivision prohibiting harassment, provides, “An employee of an entity subject to this subdivision is personally liable for any harassment prohibited by this section that is perpetrated by the employee . . . .” (Subd. (j)(3).) This is clear language imposing personal liability on all employees for their own harassing actions. Subdivision (h) is far less clear. Its language does lend itself to [1163]*1163plaintiff’s interpretation, but, as we explain, that is not the only reasonable interpretation of the statutory language. “If the statutory language permits more than one reasonable interpretation, courts may consider other aids, such as the statute’s purpose, legislative history, and public policy.” (Coalition of Concerned Communities, Inc. v. City of Los Angeles, supra, 34 Cal.4th at p. 737.)
The language difference between subdivisions (a) and (h) of section 12940 is not as great as initially appears. Although subdivision (a) does not itself use the word “person” to describe who engages in the prohibited discrimination, in two respects that subdivision arguably does govern discrimination by a “person.” First, section 12926, subdivision (d), defines “[e]mployer” (the word used in § 12940, subd. (a)) as including “any person acting as an agent of an employer, directly or indirectly . . . .” (Italics added.) Second, subdivision (i) of section 12940 makes it an unlawful employment practice “[f]or any person to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under this part, or attempt to do so.” (Italics added.) The plaintiff in Reno argued that the use of the word “person” in these provisions meant that persons, as well as the employer itself, could be liable for discrimination. We rejected the argument. We said the person-as-agent language of section 12926, subdivision (d), could mean, as the plaintiff urged, that such persons can be held personally liable, but it could also have been “ ‘intended only to ensure that employers will be held liable if their supervisory employees take actions later found discriminatory, and that employers cannot avoid liability by arguing that a supervisor failed to follow instructions or deviated from the employer’s policy.’ ” (Reno, supra, 18 Cal.4th at p. 647, quoting Janken v. GM Hughes Electronics (1996) 46 Cal.App.4th 55, 66 [53 Cal.Rptr.2d 741] (Janken).) For several reasons, we agreed with the Janken court that the latter construction was the correct one. (Reno, supra, at pp. 647-655.) We also concluded that the aiding and abetting language of former subdivision (g) (now subd. (i)) of section 12940 did not impose personal liability on nonemployers. (Reno, supra, at pp. 655-656.)
The question whether personal liability exists where the statutes prohibit discrimination by “any person acting as an agent of an employer” (§ 12926, subd. (d)) and by “any person” who aids and abets an unlawful employment practice (§ 12940, subd. (i))—which we resolved in Reno, supra, 18 Cal.4th 640—is similar to the question presented here—whether personal liability exists where the statute prohibits retaliation by “any employer, labor organization, employment agency, or person . . . .” (§ 12940, subd. (h).) We can and must analyze it similarly. In context, the Legislature may have used the word “person” in subdivision (h) for reasons unrelated to a desire to make individuals personally liable for retaliation. Subdivision (h) is a catchall provision aimed at prohibiting retaliation against “any person because the person has opposed any practices forbidden under this part or because the [1164]*1164person has filed a complaint, testified, or assisted in any proceeding under this part.” (Italics added.) The subdivision thus incorporates other unlawful employment practices defined in other parts of section 12940, and forbids retaliation against anyone opposing any such unlawful .employment practice. Each of the entities to which subdivision (h) applies—employer, labor organization, employment agency, or person—is the subject of one or more other subdivisions of section 12940 defining specific unlawful employment practices. It is possible the Legislature merely wanted to use each of these terms in subdivision (h) to conform to the fact that other provisions use those terms, rather than to impose personal liability on individuals in addition to the employer itself. Accordingly, we must engage in statutory interpretation to resolve this ambiguity, as we did in Reno itself.
Reno's rationale for not holding individuals personally liable for discrimination applies equally to retaliation. In Reno, we noted that the FEHA prohibits harassment as well as discrimination but that it treated them differently. (Reno, supra, 18 Cal.4th at p. 644.) We recognized that at least some individuals may be liable for harassment.3 But we concluded that the FEHA does not make individuals personally liable for discrimination. We found persuasive Janken, supra, 46 Cal.App.4th 55, which had “ ‘conclude[d] that the Legislature’s differential treatment of harassment and discrimination is based on the fundamental distinction between harassment as a type of conduct not necessary to a supervisor’s job performance, and business or personnel management decisions—which might later be considered discriminatory—as inherently necessary to performance of a supervisor’s job.’ ” (Reno, supra, at p. 645, quoting Janken, supra, at pp. 62-63.)
“The [Janken] court noted that ‘harassment consists of a type of conduct not necessary for performance of a supervisory job. Instead, harassment consists of conduct outside the scope of necessary job performance, conduct presumably engaged in for personal gratification, because of meanness or bigotry, or for other personal motives. Harassment is not conduct of a type necessary for management of the employer’s business or performance of the supervisory employee’s job. [Citations.] [f] Discrimination claims, by contrast, arise out of the performance of necessary personnel management duties. [1165]*1165While harassment is not a type of conduct necessary to personnel management, making decisions is a type of conduct essential to personnel management. While it is possible to avoid making personnel decisions on a prohibited discriminatory basis, it is not possible either to avoid making personnel decisions or to prevent the claim that those decisions were discriminatory. [][]... An individual supervisory employee cannot. . . refrain from engaging in the type of conduct which could later give rise to a discrimination claim. Making personnel decisions is an inherent and unavoidable part of the supervisory function. Without making personnel decisions, a supervisory employee simply cannot perform his or her job duties.’ ” (Reno, supra, 18 Cal.4th at pp. 645-646, quoting Janken, supra, 46 Cal.App.4th at pp. 63-64.)
“The Janken court also noted that the FEHA exempts small employers from liability for discrimination. ‘Section 12926, subdivision (d) defines “employer” as including “any person regularly employing five or more persons.” A person who regularly employs less than five other persons is not an “employer” for purposes of FEHA prohibitions on discrimination, and hence cannot be sued for discrimination. (Jennings v. Marralle (1994) 8 Cal.4th 121 [32 Cal.Rptr.2d 275, 876 P.2d 1074].) For purposes of harassment, however, “employer” is specially defined in section 12940, [former] subdivision (h)(3)(A) to include any person regularly employing one or more persons. Section 12940, [former] subdivision (h)(4) and (5) make clear that this special definition of “employer” as someone employing only one other person applies only to harassment claims, and that discrimination claims continue to be covered by the “five or more” definition in section 12926, subdivision (d). The Legislature thus made a clear distinction in California in the treatment of harassment claims versus the treatment of discrimination claims: small employers can be sued for harassment, but they cannot be sued for discrimination. [][]. ..[][].. . The Legislature clearly intended to protect employers of less than five from the burdens of litigating discrimination claims. [Citation.] . . . [I]t is “inconceivable” that the Legislature simultaneously intended to subject individual nonemployers to the burdens of litigating such claims. To so construe the statute would be “incongruous” and would “upset the balance” struck by the Legislature.’ (Janken, supra, 46 Cal.App.4th at pp. 71-72, original italics, fns. omitted.)” (Reno, supra, 18 Cal.4th at pp. 650-651.)
“The Janken court stated that ‘imposing liability on individual supervisory employees would do little to enhance the ability of victims of discrimination to recover monetary damages, while it can reasonably be expected to severely impair the exercise of supervisory judgment. The minimal potential for benefit to an alleged victim juxtaposed with the potentially severe adverse effects of imposing personal liability on individual supervisory employees is an additional reason for our conclusion that this is not the result intended by the Legislature.
[1166]*1166“ ‘Many courts have noted the importance of maintaining the conditions in which impartial judgment can be exercised by officials performing duties in the public sector. [Citations.] . . . [f] No one could reasonably doubt that effective and efficient management of industrial enterprises and other economic organizations is also important to the public welfare. The societal interest in effective private sector personnel management may be less direct, but only marginally (if at all) less compelling .... Yet it is manifest that if every personnel manager risked losing his or her home, retirement savings, hope of children’s college education, etc., whenever he or she made a personnel management decision, management of industrial enterprises and other economic organizations would be seriously affected. [Citation.] [][]... [][]
“ ‘Plaintiffs’ theory would place a supervisory employee in a direct conflict of interest with his or her employer every time that supervisory employee was faced with a personnel decision. . . . [It] would coerce the supervisory employee not to make the optimum lawful decision for the employer. Instead, the supervisory employee would be pressed to make whatever decision was least likely to lead to a claim of discrimination against the supervisory employee personally, or likely to lead only to that discrimination claim which could most easily be defended. The employee would thus be placed in the position of choosing between loyalty to the employer’s lawful interests at severe risk to his or her own interests and family, versus abandoning the employer’s lawful interests and protecting his or her own personal interests. The insidious pressures of such a conflict present sobering implications for the effective management of our industrial enterprises and other organizations of public concern. We believe that if the Legislature intended to place all supervisory employees in California in such a conflict of interest, the Legislature would have done so by language much clearer than that used here.
“ ‘Moreover, imposing personal liability against individual supervisory employees adds little to an alleged victim’s legitimate prospects for monetary recovery. The plaintiff-employee’s primary target remains the employer. Adding individual supervisors personally as defendants adds mostly an in terrorem quality to the litigation, threatening individual supervisory employees with tiie spectre of financial ruin for themselves and their families and correspondingly enhancing a plaintiff’s possibility of extracting a settlement on a basis other than the merits. Enhancing the prospects for obtaining a settlement on a basis other than the merits is hardly a worthy legislative objective ....’” (Reno, supra, 18 Cal.4th at pp. 651-653, quoting Janken, supra, 46 Cal.App.4th at pp. 72-75.)
In Reno, we also explained that “[corporate decisions are often made collectively by a number of persons. Different individuals might have differing levels of awareness and participation in the decisions. When a collective [1167]*1167decision is discriminatory, some participants might have acted innocently, others less so. Assessing individual blame might be difficult, in contrast to simply placing blame on the corporation, on whose behalf the individuals acted. Moreover, to make collective decisions possible, individuals often must rely on information or evaluations that others supply. Imposing individual liability for collective decisions might place the individuals in an adversarial position to each other (as well as to the corporation). Individuals might fear to act in reliance on input from others. Some might fear that a potentially controversial but, so far as they can know, correct and necessary collective decision might be misconstrued and give rise to a discrimination action. Out of caution, they might feel compelled to dissent from that decision, or attempt to disassociate themselves from it, merely to protect their pocketbooks. For these reasons, imposing liability on the corporate whole rather than each individual who participated in the corporate decision is sensible.” (Reno, supra, 18 Cal.4th at p. 662.)
We also explained that “[w]e do not decide merely whether individuals should be held liable for their wrongdoing, but whether all supervisors should be subjected to the ever-present threat of a lawsuit each time they make a personnel decision. Litigation is expensive, for the innocent as well as the wrongdoer. By limiting the threat of lawsuits to the employer itself, the entity ultimately responsible for discriminatory actions, the Legislature has drawn a balance between the goals of eliminating discrimination in the workplace and minimizing the debilitating burden of litigation on individuals.” (Reno, supra, 18 Cal.4th at p. 663.) For these reasons, we concluded “that individuals who do not themselves qualify as employers may not be sued under the FEHA for alleged discriminatory acts.” (Ibid.)
All of these reasons for not imposing individual liability for discrimination—supervisors can avoid harassment but cannot avoid personnel decisions, it is incongmous to exempt small employers but to hold individual nonemployers liable, sound policy favors avoiding conflicts of interest and the chilling of effective management, corporate employment decisions are often collective, and it is bad policy to subject supervisors to the threat of a lawsuit every time they make a personnel decision—apply equally to retaliation. Indeed, some may apply even more forcefully to retaliation claims. If an employee gains a reputation as a complainer, supervisors might be particularly afraid to impose discipline on that employee or make other lawful personnel decisions out of fear the employee might claim the action was retaliation for the complaining. The Legislature has given the same exemption to small employers against claims of retaliation that it gave small employers against claims of discrimination. (See § 12940, subd. (j)(4)(A) [“The definition of ‘employer’ in subdivision (d) of Section 12926 applies to all provisions of this section other than this subdivision.”].) No reason [1168]*1168appears why it would want to make nonemployer individuals personally liable for retaliation but not for discrimination.4
In Yanowitz, supra, 36 Cal.4th 1028, we considered what type of employment actions are sufficiently adverse to the employee to support a cause of action for retaliation. The relevant statutory language regarding discrimination is somewhat different than the language regarding retaliation. (Compare subd. (a) [“to discriminate against the person in compensation or in terms, conditions, or privileges of employment”] with subd. (h) [“to discharge, expel, or otherwise discriminate”].) Because of this language difference, the plaintiff argued that the test of what is an adverse employment action should be broader for retaliation claims than for discrimination claims. We disagreed: “When the provisions of section 12940 are viewed as a whole, ... we believe it is more reasonable to conclude that the Legislature intended to extend a comparable degree of protection both to employees who are subject to the types of basic forms of discrimination at which the FEHA is directed—that is, for example, discrimination on the basis of race or sex—and to employees who are discriminated against in retaliation for opposing such discrimination, rather than to interpret the statutory scheme as affording a greater degree of protection against improper retaliation than is afforded against direct discrimination. [Citations.] Accordingly, we conclude that the term ‘otherwise discriminate’ in section 12940(h) should be interpreted to refer to and encompass the same forms of adverse employment activity that are actionable under section 12940(a).” (Yanowitz, supra, at pp. 1050-1051, italics added.) Thus, in order to establish either a discrimination or a retaliation claim, “an employee must demonstrate that he or she has been subjected to an adverse employment action that materially affects the terms, conditions, or privileges of employment. . . .” (Id. at p. 1051; see also id. at p. 1052.)
If, as we held in Yanowitz, the employment actions that can give rise to a claim for retaliation are identical to the actions that can give rise to a claim for discrimination, it is hard to conceive why the Legislature would impose [1169]*1169individual liability for actions that are claimed to be retaliatory but not for the same actions that are claimed to be discriminatory.
The legislative history or, more precisely, the absence of legislative history, behind the inclusion of the word “person” in subdivision (h) of section 12940 also supports our conclusion that the subdivision does not impose personal liability on nonemployer individuals. The word “person” was added to former subdivision (f) (now subd. (h)), in 1987, effective January 1, 1988. (Stats. 1987, ch. 605, § 1, p. 1942.) If plaintiff is correct that the word “person” in subdivision (h) makes individuals liable for retaliation, then the legislation that added that word created individual liability where none had existed previously. The legislative history behind Assembly Bill No. 1167 (1987-1988 Reg. Sess.) (Assembly Bill No. 1167), the bill that added “person” to former subdivision (f) (now subd. (h)), does not support this conclusion.
Assembly Bill No. 1167 made several changes to various parts of the FEHA. As originally introduced, it added the word “person” to section 12940, former subdivision (e) (now subd. (g)). On April 28, 1987, the bill was amended to no longer add “person” to former subdivision (e), but instead to add that word to former subdivision (f) (now subd. (h), the provision at issue here). Thus, if plaintiff is correct, the April 28, 1987, amendment substantially changed the law. If so, this change left no trace in the legislative history. The Legislative Counsel’s Digest summarized several of the changes the bill made as originally introduced, but it said nothing about any change to section 12940. Instead, it said only, “The bill would, in addition, make various conforming changes to the act.” (Legis. Counsel’s Dig., Assem. Bill No. 1167, as introduced Mar. 3, 1987, p. 1.) Later, after the April 28, 1987, amendment, which made several changes in addition to adding the word “person” to former subdivision (f), the Legislative Counsel’s Digest described several of the amendments, but again made no mention whatever of section 12940. Instead, it said only, “The bill would, in addition, make various technical and conforming changes to the act.” (Legis. Counsel’s Dig., Assem. Bill No. 1167, 4 Stats. 1987, Summary Dig., p. 179, italics added.) Thus, the Legislative Counsel never specifically mentioned the proposed change to section 12940, but merely lumped it into the catchall term “technical and conforming changes.”
“The Legislative Counsel’s Digest is printed as a preface to every bill considered by the Legislature.” (Southland Mechanical Constructors Corp. v. Nixen (1981) 119 Cal.App.3d 417, 428, fn. 5 [173 Cal.Rptr. 917].) The Legislative Counsel’s summaries “are prepared to assist the Legislature in its consideration of pending legislation.” (California Assn. of Psychology Providers v. Rank (1990) 51 Cal.3d 1, 17 [270 Cal.Rptr. 796, 793 P.2d 2].) [1170]*1170Although the Legislative Counsel’s summaries are not binding (State ex rel. Harris v. PricewaterhouseCoopers, LLP (2006) 39 Cal.4th 1220, 1233, fn. 9 [48 Cal.Rptr.3d 144, 141 P.3d 256]), they are entitled to great weight. (California Assn. of Psychology Providers v. Rank, supra, at p. 17.) “It is reasonable to presume that the Legislature amended those sections with the intent and meaning expressed in the Legislative Counsel’s digest.” (People v. Superior Court (Douglass) (1979) 24 Cal.3d 428, 434 [155 Cal.Rptr. 704, 595 P.2d 139].) Thus, it is reasonable to presume that, when the Legislature added the word “person” to the retaliation subdivision it intended to make only a technical and conforming change. If adding the word “person” merely conformed to the use of the word in describing some of the unlawful employment practices the retaliation provision references, the change could legitimately be described as technical and conforming. A change that created individual liability for retaliation where none had existed previously would be quite substantive, not technical.
Other legislative history bolsters the conclusion that Assembly Bill No. 1167 only made a technical change in the law. For example, the Assembly third reading analysis of Assembly Bill No. 1167, as amended on April 28, 1987, described some of the bill’s provisions but did not mention the change to section 12940. Instead, it said only that the bill “[m]akes other technical and conforming changes.” (Assem., 3d reading analysis of Assem. Bill No. 1167, as amended Apr. 28, 1987, p. 1.) Other committee reports say essentially the same thing. (E.g., Assem. Com. on Housing and Community Development, Rep. on Assem. Bill No. 1167 as amended Apr. 28, 1987 [the bill “[mjakes other technical and conforming changes to the [FEHA]”]; Sen. Housing and Urban Affairs Com., Rep. on Assem. Bill No. 1167, as amended Apr. 28, 1987 [same].)
All indications are that Assembly Bill No. 1167 had no significant opposition. A bill analysis by the Department of Fair Employment and Housing (DFEH), signed by the “Department Director,” described the bill, as amended on April 28, 1987, as “a technical clean-up bill to clarify various sections of the [FEHA] and make standards within the [FEHA] more consistent between subsections.” (DFEH, analysis of Assem. Bill No. 1167 as amended Apr. 28, 1987, p. 1.) It described several of the changes the bill would make, but again it does not mention at all the amendment to section 12940. It recommended supporting the bill, noting that the DFEH and the Fair Employment and Housing Commission (FEHC) “worked together to develop this technical clean-up legislation with the effort to make it noncontroversial.” (DFEH, analysis of Assem. Bill No. 1167, supra, at p. 2.) Similarly, an enrolled bill report that the DFEH prepared, signed by the same Department Director who signed the DFEH’s bill analysis, described Assembly Bill No. 1167 as technical cleanup legislation that was designed to be noncontroversial. It recommended the Governor sign the bill and noted [1171]*1171that it had no opposition. (DFEH, Enrolled Bill Rep. on Assem. Bill No. 1167, Sept. 3, 1987.) The legislation passed by a vote of 32 to zero in the Senate and 64 to nine in the Assembly. (Ibid.) It is hard to imagine that a bill that created individual liability for retaliation where none had existed could be considered so noncontroversial.
The recent decision of Ailanto Properties, Inc. v. City of Half Moon Bay (2006) 142 Cal.App.4th 572 [48 Cal.Rptr.3d 340] considered an argument that certain legislation significantly changed the law even though, as here, the supposed change left no trace in the legislative history. The Court of Appeal’s summary, adapted to reflect the precise legal issue of this case, is apt. “It is difficult to imagine that legislation that would have [created individual liability for retaliation where none had existed] could properly be characterized as ‘noncontroversial [or technical].’ And we think it highly unlikely that the Legislature would make such a significant change in the [potential liability of individuals] without so much as a passing reference to what it was doing. The Legislature ‘does not, one might say, hide elephants in mouse-holes.’ (Whitman v. American Trucking Assns., Inc. (2001) 531 U.S. 457, 468 [149 L.Ed.2d 1, 121 S.Ct. 903].)” (Id. at p. 589; see also In re Christian S. (1994) 7 Cal.4th 768, 782 [30 Cal.Rptr.2d 33, 872 P.2d 574] [“We are not persuaded the Legislature would have silently, or at best obscurely, decided so important and controversial a public policy matter and created a significant departure from the existing law.”].)
Plaintiff relies on some different legislative history to support his position. He cites an enrolled bill report that the DFEH prepared for the bill that made coworkers liable for harassment. That report said that “[e]xisting law provides that when a person retaliates against another person for opposing practices forbidden by the FEHA ... a complaint may be filed against any employer, labor organization, employment agency, or person.” (DFEH, Enrolled Bill Rep. on Assem. Bill No. 1856 (1999-2000 Reg. Sess.) Sept. 11, 2000, p. 3, citing former subd. (f) (now subd. (h)).) Assuming the statement that a complaint may be filed against a person was intended to mean that a nonemployer individual could be held personally liable for retaliation, the statement, in a report prepared after the 2000 Legislature had passed legislation imposing liability on individuals for harassment, does not support the conclusion that the 1987 Legislature intended to impose individual liability for retaliation—especially given the DFEH’s own contemporaneous assessment of Assembly Bill No. 1167 (the bill that supposedly created individual liability for retaliation) as merely making noncontroversial technical changes to the FEHA. “ ‘The declaration of a later Legislature is of little weight in determining the relevant intent of the Legislature that enacted the law. . . .’ ” (Lolley v. Campbell (2002) 28 Cal.4th 367, 379 [121 Cal.Rptr.2d 571, 48 P.3d 1128].) Moreover, that same report also said that “existing law provides that a complaint may be file[d] against a person who aids, abets, incites, compels, [1172]*1172or coerces acts forbidden by the FEHA, or attempts to do so.” (DFEH, Enrolled Bill Rep. on Assem. Bill No. 1856 (1999-2000 Reg. Sess.) Sept. 11, 2000, p. 3, citing former subd. (g) (now subd. (i)).) At the time the report was written, this court had already rejected the argument that former subdivision (g) imposed personal liability on individuals. (Reno, supra, 18 Cal.4th at pp. 655-656.) Accordingly, this bit of legislative history is not persuasive.
Plaintiff also relies on a five-page document that, according to his judicial notice request, was included in material found in “the legislative bill file of the Assembly Committee on Housing and Community Development on Assembly Bill 1167.” It is entitled, “Proposed Changes to the Fair Employment and Housing Act for 1986.” It is undated and unsigned, and does not state who authored it. It does not appear to be a committee report. Under the title is stated, “The following is a summary of proposed changes to the Fair Employment and Housing Act, which both the Department of Fair Employment and Housing and the Fair Employment and Housing Commission staff have developed.” Plaintiff assumes this statement means that staff of the DFEH or the FEHC, or both, prepared the summary, but it could just as well mean only that the staff developed the proposed changes. Accordingly, it is not clear who wrote the document and for what purpose.
“[W]ithout knowing who prepared the documents and for what purpose” (State Compensation Ins. Fund v. Workers’ Comp. Appeals Bd. (1985) 40 Cal.3d 5, 10, fn. 3 [219 Cal.Rptr. 13, 706 P.2d 1146]), we doubt very much the document helps ascertain legislative intent.5 It is not clear which legislators, if any, read it. Plaintiff argues that there is “no evidence that [the document] was not considered by the Legislature . . . .” But, even if authored by administrative staff, we have no basis on which to conclude the document reflects the intent of the legislators who enacted the legislation.
Moreover, even if we consider the document for whatever value it may have, it does not help plaintiff’s position. As relevant, it states that the rationale for adding the word “person” to former subdivision (f) (now subd. (h)) “is to conform with other sections of the Act which refer to unlawful conduct by a ‘person.’ More importantly, the change will extend coverage to anyone who retaliates against an individual because that person filed a charge with DFEH. This will provide more protection to people exercising their lawful right to [1173]*1173file with DFEH.” (Italics added.) The italicized language supports the view that the Legislature added the word “person” merely to conform to the fact that some other parts of the statute also use the word “person.”
The rest of the quoted language, saying that the change will “extend coverage” and “provide more protection,” is itself ambiguous. It does not say how the bill would extend coverage and provide more protection. If it said it would do so by making nonemployer individuals personally liable for retaliation, it would be clear; but it does not say that. Even if we assume that some legislators read this summary, it provides no basis to assume that the Legislature intended to create individual liability for retaliation that had not previously existed. In short, an anonymous document that may or may not have been read by many legislators, that may or may not have reflected any legislator’s intent, and that is ambiguous as relevant, does not aid us in ascertaining legislative intent.6
Plaintiff also argues that the FEHC has interpreted the FEHA as imposing personal liability for retaliation on individuals. He cites a single precedential case. (Dept. Fair Empl. & Hous. v. J & J King of Beepers (1999) No. 99-02, FEHC Precedential Decs. 1998-1999, CEB 1, p. 1.) That opinion held that a supervisor was personally liable for harassment. (Id. at pp. 22-23.) It also stated, “It is further determined that respondents [the employer and the supervisor] are each liable for [the supervisor’s] retaliatory termination of complainant, in violation of Government Code section 12940, subdivisions (a), [former subd.] (f), and [former subd.] (h).” (Id. at p. 23.) The opinion does not state the basis for this conclusion. Although an administrative agency’s contemporaneous interpretation of a statute under which it operates is ordinarily entitled to great weight, we rejected similar reliance on FEHC decisions in both Reno, supra, 18 Cal.4th at pages 660-661, and Carrisales v. Department of Corrections, supra, 21 Cal.4th at pages 1138-1139. The opinion plaintiff cites contained no legal analysis. Moreover, rather than being contemporaneous, it was decided many years after Assembly Bill No. 1167 added the word “person” to former subdivision (f). We find more convincing the DFEH’s contemporaneous assessment of that bill as making merely noncontroversial, technical changes in the law.
For these reasons, we conclude that the employer is liable for retaliation under section 12940, subdivision (h), but nonemployer individuals are not personally liable for their role in that retaliation. We disapprove [1174]*1174Taylor v. City of Los Angeles Dept. of Water & Power, supra, 144 Cal.App.4th 1216, and Walrath v. Sprinkel, supra, 99 Cal.App.4th 1237, to the extent they are inconsistent with this conclusion.
III. Conclusion
We reverse the judgment of the Court of Appeal and remand the matter to that court for further proceedings consistent with this opinion.
George, C. J., Baxter, J., and Corrigan, J., concurred.