DocketXDocketX / Suing a person, not just a company / Can I sue my boss under Title VII
Can I sue my boss under Title VII
You were harassed or discriminated against by a specific supervisor, and it feels personal. You want that person held accountable, not just the company that employs them. But under federal discrimination law, whether you can sue that supervisor individually depends on the type of claim you are bringing and the state where you work. The answer is not the same for every situation.
The honest reality
Wanting to name the person who hurt you as a defendant makes sense emotionally, but the law does not always allow it. Federal discrimination law was written mainly to hold employers responsible, and courts in different states disagree about whether individual supervisors can be sued. Your ability to name that person depends on which legal theory you use and where your case is filed.
Federal discrimination law targets the employer, not the individual
Title VII and the other major federal anti-discrimination laws, covering race, sex, national origin, religion, age, and disability, define "employer" in a way that nearly every federal court has read to exclude individual supervisors and coworkers from being sued personally under those specific statutes. That does not mean the supervisor's conduct does not matter, it is usually the central evidence in the case, it means the named defendant in the lawsuit itself is the company. This surprises a lot of people who file a complaint expecting to sue the person who actually harassed or discriminated against them. 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
Can I sue my boss personally for harassment under federal law?
It depends on the type of harassment claim you have. For some claims, courts in many states have said only the employer can be sued, not the individual supervisor. For other claims, some states do allow you to sue the supervisor personally. You need to check the law in your state.
What if my boss is the owner of the company? Does that change things?
If your boss is also the owner or a high-level owner of the business, the analysis can be different. In that situation, the boss may be treated as the employer itself for legal purposes, which can make it easier to name them as a defendant. But the rules still vary by state and by the specific type of claim.
If I cannot sue my boss individually, does that mean they get away with it?
No. Even if you cannot name your boss as a personal defendant, you can still sue the employer for what the boss did. The employer is legally responsible for the actions of its supervisors. That can lead to a judgment or settlement that holds the company accountable and may result in discipline or removal of the supervisor.
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.