U.S. Equal Employment Opportunity Comm’n v. Fred Fuller Oil Company, Inc.

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Plaintiffs Nichole Wilkins and Beverly Mulcahey sued their former employer, Fred Fuller Oil Company, Inc. (Fuller Oil), for sexual harassment and retaliation. Plaintiffs also sued Frederick J. Fuller, an employee of Fuller Oil, individually Prior to trial, defendant sought to prohibit plaintiffs from asserting claims against him under RSA chapter 354-A in his individual capacity. The district court thereafter informed the parties that it would not allow plaintiffs to assert such claims. Subsequently, Fuller Oil filed for bankruptcy protection and, therefore, the case against Fuller Oil was stayed; the case was reopened as to claims against defendant. Because the questions of whether an employee could recover damages from another employee for aiding and abetting sexual harassment or for retaliation under RSA chapter 354-A concerned unresolved issues of New Hampshire law, the United States District Court for the District of New Hampshire certified two questions of New Hampshire law to the New Hampshire Supreme Court: (1) whether sections 354-A:2 and 354-A:7 of the New Hampshire Revised Statutes imposed individual employee liability for aiding and abetting discrimination in the workplace; and (2) whether section 354-A:19 of the New Hampshire Revised Statutes imposed individual employee liability for retaliation in the workplace. The New Hampshire Supreme Court answered both questions in the affirmative. View "U.S. Equal Employment Opportunity Comm'n v. Fred Fuller Oil Company, Inc." on Justia Law