DocketXDocketX / Suing a person, not just a company / What is aiding and abetting discrimination liability
What is aiding and abetting discrimination liability
You felt singled out, and you suspect a specific coworker or manager helped make it happen. That person might have encouraged the discrimination, provided the tools for it, or stood by and let it continue. The phrase 'aiding and abetting' sounds like it could cover that behavior, but whether you can actually sue that individual depends on the type of discrimination claim you have and the laws of your state.
The honest reality
It is natural to want to hold the person who wronged you directly accountable, especially if they were not the top decision maker but still played a part. However, employment discrimination law often treats the employer as the main defendant, and the rules about suing individuals as aiders and abettors vary widely. Your instinct to look for a responsible person is valid, but the legal system does not always let you name that person as a defendant in court.
What "aiding and abetting" means in this context
In states that recognize it, aiding-and-abetting liability lets someone be held personally liable for knowingly and substantially helping cause discrimination or harassment, even though they were not the "employer" for purposes of the underlying claim, a supervisor who participated in, encouraged, or covered up harassment is the typical target, not just the company. This is a state-law concept; it does not exist under the federal discrimination statutes themselves, which is why whether it is available to you depends entirely on which state you are in and what that state's courts have said the standard requires. Courts differ on the details, and the answer depends on your state and the specific claim, which is exactly the kind of question a free contingency consultation with an employment lawyer is built to answer, not something a general page like this one can settle for your situation.
Talking to a lawyer costs nothing to start
A consultation is where the state-specific answer lives
Whether you can sue a specific person, and whether it is even worth it once you can, depends on your state, your claim, and that person's actual role, questions a free contingency consultation with an employment lawyer is built to answer. If cost is the worry at any stage, our can't-afford-a-lawyer triage covers every free and low-cost path, including legal aid. See also our employment guide and, if you are past the agency stage and heading to federal court, filing in federal court.
Questions
What does 'aiding and abetting' discrimination actually mean in a legal sense?
It means someone knowingly helped or encouraged another person to commit discrimination, or gave substantial assistance that made the discrimination possible. The key is that the person was not just a bystander but actively participated in some way, and they knew the conduct was discriminatory. Different states define this differently, and the threshold for what counts as 'aiding' can be very strict.
Can I sue my coworker who gossiped or spread rumors that led to discrimination against me?
Probably not just for gossip alone. Aiding and abetting usually requires more than talking or sharing information. The person must have done something concrete to help the actual discriminatory act, like helping a manager decide to fire you based on a protected characteristic. Even then, some states do not allow you to sue coworkers at all under their discrimination laws.
If my state allows individual liability for aiding and abetting, what do I need to prove?
You would need to show that the person knew the employer was discriminating, that they intentionally helped or encouraged that discrimination, and that their help made a real difference in the outcome. You also need to prove the underlying discrimination itself. The evidence required is often high, and the specific rules vary by state, so you should consult with a lawyer who knows your local law.
Not legal advice and not a law firm. We don't predict outcomes, and individual-liability rules vary by state and by claim in ways this page cannot settle for your specific situation, a free contingency consultation is the right next step to get a real answer. If you can get a lawyer or free legal aid, do: start at lsc.gov.