What is failure to prevent disability discrimination?

Required Elements for Discrimination

FEHA makes it an unlawful employment practice to discriminate against any person because of a physical or mental disability. Cal. Gov. Code § 12940(a). A prima facie case for discrimination “on grounds of physical disability under the FEHA requires plaintiff to show:

  1. he suffers from a disability;
  2. he is otherwise qualified to do his job; and,
  3. he was subjected to adverse employment action because of his disability.

Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317 at 355; Higgins-Williams v. Sutter Medical Foundation (2015) 237 Cal.App.4th 78, 84; Avila v. Continental Airlines, Inc. (2008) 165 Cal.App.4th 1237, 1246.

Motion Practice and Burden Shifting

“On a motion for summary judgment brought against such a cause of action the plaintiff bears the burden of establishing a prima facie case of discrimination based upon physical disability, and the burden then shifts to the employer to offer a legitimate, nondiscriminatory reason for the adverse employment action.” (Deschene v. Pinole Point Steel Co. (1999) 76 Cal.App.4th 33, 44.) “Once the employer has done so the plaintiff must offer evidence that the employer’s stated reason is either false or pretextual, or evidence that the employer acted with discriminatory animus, or evidence of each which would permit a reasonable trier of fact to conclude the employer intentionally discriminated.” (Id.)

Required Elements for Failure to Prevent

In order for plaintiff to allege a valid claim for failure to prevent disability discrimination, he must allege

  1. an actionable discrimination claim against the Defendant and
  2. that the Defendant failed to take reasonable steps to prevent the alleged discrimination against plaintiff.

See, CACI 2527; Northrop Grumman Corporation v. Workers’ Compensation Appeals Board (2002) 103 Cal.App.4th 1021, 1035.

“Where Plaintiff’s failure to prevent claim is their contention that there was no discrimination or harassment... as a consequence the failure to prevent claim fails.” (Trujillo v. North County Transit Dist. (1998) 63 Cal.App.4th 280, 289 stating there can be no violation of § 12940(k) where there has been no discrimination.)

Useful Resources for Failure to Prevent Disability Discrimination

Recent Documents on Failure to Prevent Disability Discrimination

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Order Show Cause Re: Dismissal

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk ’3 File Stamp 627 West 21st Street F ED Merced, CA 95340 Merced County Superior Court (209) 725-4111 08/29/2016 ...

Notice Request for Dismissal/Conditional - Case Management Conference

O O 1775 Concord Ave Superior Court of California Chico CA 95928 County of Butte Civil ...

Ruling - Order to Show Cause in re: Dismissal

Superior Court of California County of Kern Bakersfield Department 12 Date: 03/08/2017 _ Time: 12:30 PM . ...

Order to Show Cause in re: Dismissal - PURSUANT TO CALIFORNIA RULE OF CO...

Superior Court of California County of Kern Bakersfield Department 12 Date: 10/27/2017 Time: 3:00 PM ...

Ruling - Order to Show Cause in re: Dismissal

Superior Court of California County of Kern Bakersfield Department 12 Date: 10/27/2017 Time: 3:00 PM ...

Conditional Settlement - Status Conference

CM-200 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) |_Ghrstopher B. Mandarich SB 220083: s Ainy Marshall SB961601; Amber Swearingen-Ojuri $B324689; David C. McGaffey SB315632; MANDARICH LAW GROUP, LLP. P 0 Box 109032 Chicago, IL 60610, TELEPHONE NO 877.285 4918 FAX NO. 818 888 1260 E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name)* Cavalry SPV I, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OFBUTTE STREET ADDRESS’ 1775 CONCORD AVE. MAILING ADDRESS: cITy AND zip ...

Request for Dismissal/Unconditional - Status Conference

1775 Concord Ave Superior Court of California Chico CA 95928 County of Butte Civil 530-5...

Order Approving Compromise of Disputed Claim - Status Conference

2/6/2019 .1ATTORNEY OR PARTY WITHOUTATI'ORNEY (Name. SletaBernumber, and address): ’ FORCOURTUSE ONLY ...

Request for Dismissal/Conditional - Status Conference

. 1775 Concord Ave . _ Superlor Court of Callfornla Chico CA 95928 County of Butte ...

Plaintiff's Conditional Settlement - Status Conference

CM-200 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): t-Terry A. Duree, Esq. SBN: 61008 GENTS Terry A. Duree, Inc. 622 Jackson St Fairfield, CA 94533 FF — Superior Court of Califomia__ = TELEPHONE No: 707-422-8933 FAX NO. (Optional): | County of Butte I E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):Kelsti Group, Inc. L L SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE E E street appress: Chico Courthouse maine aopress: 1775 Concord Avenue D Ki Fiener, Clerk...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk’s File Stamp 627 W. 21st Street Merced CA 95340 209-725-4100 Capital One Bank (USA), N.A. vs Carrizales Marcos NOTICE OF Order Show Cause Dismissal Re: Notice of Case No. 18CV-00314 Settlement ...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk’s File Stamp 627 W. 21st Street Merced CA 95340 209-725-4100 CSO Financial, Inc. vs Mariah Fryman NOTICE OF Order Show Cause Dismissal Re: Notice of Case No. 17CV-03915 Settlement ...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk ’5 File Stamp 627 W. 21st Street Merced CA 95340 FILED Merced County Superior Court 209-725-4100 ...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk ’5 File Stamp 627 W. 21st Street Merced CA 95340 FILED Merced County Superior Court 209-725-4100 ...

Order to Show Cause

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk’s File Stamp 627 W. 21st Street Merced CA 95340 FILED 209-725-4100 Merced County Superior Court ...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk ’5 File Stamp 627 W. 21st Street Merced CA 95340 FILED 209-725-4100 Merced County Superior Court ...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk ’5 File Stamp 627 W. 21st Street Merced CA 95340 FILED 209-725-4100 Merced County Superior Court ...

Conditional Settlement; Plaintiff - Status Conference

- - ~» ~. 1 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number and address): o W: I “ ...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk’s File Stamp 627 W. 21st Street Merced CA 95340 209-725-4100 Kelstin Group, Inc. vs Yvette Smith NOTICE OF Order Show Cause Dismissal Re: Notice of Case No. 17CV-02142 Settlement ...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk’s File Stamp 627 W. 21st Street Merced CA 95340 209-725-4100 Kelstin Group, Inc. vs Yvette Smith NOTICE OF Order Show Cause Dismissal Re: Notice of Case No. 17CV-02142 Settlement ...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk’s File Stamp 627 W. 21st Street Merced CA 95340 209-725-4100 The Best Service Co., Inc. vs Alejandro Arganda NOTICE OF Order Show Cause Dismissal Re: Notice of Case No. 18CV-01627 Settlement ...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk’s File Stamp 627 W. 21st Street Merced CA 95340 209-725-4100 Midland Funding LLC vs Ramon Castillo NOTICE OF Order Show Cause Dismissal Re: Notice of Case No. 17CV-00547 Settlement ...

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