Mordecai v. Liberty Mutual

Opinion

Mordecai v. Liberty Mutual CV-94-497-B 07/11/95

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

Ann Mordecai

v. Civil No. 94-497-B

Liberty Mutual Insurance Co., et al.

O R D E R

I am persuaded by the clear majority of circuit court

decisions recognizing that employees cannot be held individually

liable for violations of Title VII or other federal statutes

based on Title VII. See EEOC v. AIC Sec. Investigations, Ltd.,

Nos. 93-3839, 94-1018, and 94-3089, 1995 U.S. Ap p . LEXIS 12139,

at *12 (7th Cir. May 22, 1995) (ADEA); Cross v. Alabama Dept, of

Mental Health & Mental Retardation, 49 F.3d 1490, 1504 (11th Cir.

1995) (Title VII); Smith v. Lomax, 45 F.3d 402, 403 n.4 (11th

Cir. 1995) (ADEA and Title VII); Birkbeck v. Marvel Lighting

Corp., 30 F.3d 507, 510-511 (4th Cir.) (ADEA), cert, denied, 115

S.Ct. 666 (1994); Grant v. Lone Star Corp., 21 F.3d 649, 652 (5th

Cir. 1994) (Title VII); Smith v. St. Bernards Regional Medical

Ctr., 19 F.3d 1254, 1255 (8th Cir. 1994) (co-employee. Title

VII); Sauers v. Salt Lake County, 1 F.3d 1122, 1125 (10th Cir. 1993) (Title VII); Miller v. Maxwell's Int'l, 991 F.2d 583, 587-

88 (9th Cir. 1993), cert, denied, 114 S. C t . 1049 (1994); Harvey

v. Blake, 913 F.2d 226, 227-28 (5th Cir. 1990) (Title VII). But

see Paroline v. Unisys Corp., 879 F.2d 100, 104 (4th Cir. 1989)

(individual employee liability. Title VII), vacated and remanded

on other grounds, 900 F.2d 27 (4th Cir. 1990) (per curiam).

Accordingly, I dismiss plaintiff's Title VII claim against Gero

in his individual capacity.

Although I have dismissed the only federal claims that

plaintiff brought against Gero, plaintiff has a viable federal

claim against Liberty Mutual Insurance Co. that arises from the

same facts as her state law claims against Gero. Under these

circumstances, I reject Gero's reguest to exercise any discretion

I may have to dismiss plaintiff's state law claims for lack of

supplemental jurisdiction.

In summary, plaintiff's Title VII claim against Gero in his

individual capacity is dismissed. Gero's motion to dismiss

(document no. 10) is otherwise denied.

SO ORDERED.

Paul Barbadoro United States District Judge July 11, 1995

2 cc: Emily Rice, Esq. Janet Adachi, Esq. Joan Ackerson, Esq. Linda Johnson, Esq.