What is Failure to Prevent Discrimination and Harassment?

Failure to take all reasonable steps necessary to prevent discrimination and harassment is a “separate actionable tort enforceable upon the establishment of the usual tort elements of duty of care, breach of duty (a negligent act or omission), causation, and damages.” Dickson v. Burke Williams, Inc. (2015) 234 Cal. App. 4th 1307, 1313.

The Fair Employment and Housing Act (“FEHA”) makes it unlawful for an employer “to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring.” Govt. Code § 12940(k); Scotch v. Art Inst. of California-Orange Cnty., Inc. (2009) 173 Cal.App.4th 986, 1003 (citing the old Govt. Code § 12940(h)). Reasonable steps necessary to prevent discrimination include prompt investigation of discrimination claims, establishment and promulgation of antidiscrimination policies, and implementation of effective procedures to handle discrimination complaints. Cal. Fair Employment and Housing Commission v. Gemini Alum. Corp. (2004) 122 Cal.App.4th 1004, 1024-1025.

A claim of failure to prevent FEHA violations must be predicated on an actionable claim of those violations, such as discrimination or harassment. Trujillo v. N. Cty. Transit Dist. (1998) 63 Cal. App. 4th 280, 289; Scotch v. Art Institute of Cal. (2009) 173 Cal.App.4th 986, 1021 (“the ‘Failure to Maintain’ cause of action can survive only if a ‘Retaliation’ cause of action survives.”). “There’s no logic that says an employee who has not been discriminated against can sue an employer for not preventing discrimination that didn’t happen, for not having a policy to prevent discrimination when no discrimination occurred. Employers should not be held liable to employees for failure to take necessary steps to prevent such conduct, except where the actions took place and were not prevented.” Trujillo v. N. Cty. Transit Dist. (1998) 63 Cal.App.4th 280, 289 (citations and quotation omitted).

The elements of a claim for failure to prevent harassment, discrimination, or retaliation. To succeed on this claim, plaintiff must prove that:

  1. she was an employee of defendant;
  2. she was subjected to harassment, discrimination, or retaliation in the course of employment;
  3. defendant failed to take all reasonable steps to prevent the harassment, discrimination, or retaliation;
  4. she was harmed; and
  5. defendant’s failure to take preventative steps was a substantial factor in causing the harm

CACI No. 2527; see also BAJI 12.11 (the elements of a cause of action for Failure to Prevent Discrimination are: (i) Plaintiff was subjected to discrimination; (ii) Defendant failed to take all reasonable steps to prevent discrimination; and (iii) This failure caused plaintiff to suffer injury, damage, loss or harm); Lelaind v. City and County of San Francisco (N.D. Cal. 2008) 576 F.Supp.2d 1079, 1103.

Useful Resources for Failure to Prevent Discrimination and Harassment in Violation of FEHA

Recent Documents on Failure to Prevent Discrimination and Harassment in Violation of FEHA

226-250 of 10000 results

Notice of OSC re 3.740(f) (N23F) - Order to Show Cause - CRC 3.740(f)

FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA ILED COUNTY OF KERN UPERIOR OURT OF ALIFORNIA

Notice of OSC re 3.740(f) (N23F) - Order to Show Cause - CRC 3.740(f)

FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN ILED UPERIOR OURT OF ALIFORNIA

Notice of OSC re 3.740(f) (N23F) - Order to Show Cause - CRC 3.740(f)

FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN ILED UPERIOR OURT OF ALIFORNIA

Notice of OSC re 3.740(f) (N23F) - Order to Show Cause - CRC 3.740(f)

FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN ILED UPERIOR OURT OF ALIFORNIA

Dollar Tree Stores, Inc. Answer to Tormax USA Inc.'s Cross-Complaint - S...

Jeffrey S. Behar, Esq., Bar No. 81565 Tina I. Mangarpan, Esq., Bar No. 117898 FORD, WALKER, HAGGERTY & BEHAR One World Trade Center Twenty Seventh Floor Long Beach, California 90831 (562) 983 2500; (562) 983 Attorneys for Defendants, Cross Defendants, and Cross Complainant

MINUTE ORDER-Court's Motion to Dismiss - Court's Motion to Dismiss

SUPERIOR COURT OF STANISLAUS COUNTY STATE OF CALIFORNIA Date 1103200. Case CV-18-002903 Dept KELSTIN GROUP INC vs SINGH, AMRIT KOR Judge Freeland John D Clerk = Reporter This cause came on regularly for: () Court Trial () Summary Judgment () Motion () Recorded {) Supplementary Proceedings () Demurrer () Claim of Exemption () Default () Claim of Right to Poss. () Contempt () Court's Motion to Dismiss (), for/to/by APPEARANCES: L. Shonen Esq (ve

MINUTE ORDER-Court's Motion to Dismiss - Court's Motion to Dismiss

SUPERIOR COURT OF STANISLAUS COUNTY _ STATE OF CALIFORNIA - Date 11/13/2020. Case 2130235 * Dept MIDLAND FUNDING LLC VS SILVA, TOMMY Judge Clerk Reporter _ This cause came on regularly for: () Court Trial () Summary Judgment {) Motion () Recorded {) Supplementary Proceedings () Demurrer () Claim of Exemption () Default {) Claim of Right to Poss. () Contempt oX Court's Motion to Dismiss (). for/to/by APPEARANCES i. Aauter 2sq Lee) nA U , 8 Plaintiff/Cross-De

MINUTE ORDER-Court Trial - Court's Motion to Dismiss

SUPERIOR COURT OF STANISLAUS COUNTY STATE OF CALIFORNIA Date 1VIBROO eee eee Case CV-19-006776 Dept DISCOVER BANK vs CERNA, ASHLEY Judge Clerk Reporter This cause came on regularly for: PCourt Trial () Summary Judgment () Motion () Recorded () Supplementary Proceedings () Demurrer ()} Claim of Exemption () Default () Claim of Right to Poss. () Contempt () Court's Motion to Dismiss — (). for/to/oy APPEARANCES: K. Qauine,£aq Geo) ne O + > Plaintiff/Cross

MINUTE ORDER-Court's Motion to Dismiss - Court's Motion to Dismiss

SUPERIOR COURT OF STANISLAUS COUNTY STATE OF CALIFORNIA Date TWI3 R020. eee: Case 2130206 Dept MIDLAND FUNDING LEC VS LIVINGSTON, CAITLIN Judge Clerk Reporter This cause came on regularly for: () Court Trial () Summary Judgment () Motion () Recorded () Supplementary Proceedings {) Demurrer () Claim of Exemption () Default () Claim of Right to Poss. () Contempt gxCourt's Motion to Dismiss — (). for/to/by APPEARANCES Korie Naurar, 25q (oe) nA a ' 0 Plaintiff/Cross-D

MINUTE ORDER-Court Trial - Court's Motion to Dismiss

SUPERIOR COURT OF STANISLAUS COUNTY STATE OF CALIFORNIA nT) ee Case Cv-19-006829 Dept UNIFUND CCR LLC vs PEREZ, STEVEN Judge Clerk Reporter This cause came on regularly for. ‘court Trial () Summary Judgment () Motion () Recorded () Supplementary Proceedings () Demurrer () Claim of Exemption () Default () Claim of Right to Poss. {) Contempt () Court's Motion to Dismiss — (), for/to/by . . APPEARANCES Ki beuias one Coed as Uv T S Plaintiff/Cross-Defendant Defenda

MINUTE ORDER-Court's Motion to Dismiss - Court's Motion to Dismiss

SUPERIOR COURT OF STANISLAUS COUNTY STATE OF CALIFORNIA Date 193200. eee eee Case CV-18-004966 Dept BANK OF AMERICA NA vs SAIYADY, ISHTAR Judge Clerk . Reporter This cause came on regularly for: () Court Trial () Summary Judgment ( Motion () Recorded () Supplementary Proceedings {) Demurrer () Claim of Exemption () Default () Claim of Right to Poss. () Contempt ‘pxcourt's Motion to Dismiss — {). for/to/by APPEARANCES K. Bauer sy @ nA Plaintiff/Cross-Defend

MINUTE ORDER-Court's Motion to Dismiss - Court's Motion to Dismiss

SUPERIOR COURT OF STANISLAUS COUNTY STATE OF CALIFORNIA Date 1VBAWO eee eee Case CVv-19-000290 Dept MIDLAND FUNDING LLC vs MENDEZ, MORAYMA CRUZ Judge Clerk Reporter _ This cause came on regularly for: () Court Trial () Summary Judgment () Motion () Recorded () Supplementary Proceedings () Demurrer () Claim of Exemption () Default () Claim of Right to Poss. () Contempt ‘Court's Motion to Dismiss (), for/to/by APPEARANCES: K Aguiar Sse, Lee AR Plaintiff/Cros

MINUTE ORDER-Court Trial - Court's Motion to Dismiss

SUPERIOR COURT OF STANISLAUS COUNTY STATE OF CALIFORNIA Date AE Case CV-19-006765 Dept UNIFUND CCR LLC vs COUCH, JACOB K Judge Clerk Reporter _ This cause came on regularly for. Ofcourt Trial () Summary Judgment {) Motion () Recorded () Supplementary Proceedings () Demurrer () Claim of Exemption () Default () Claim of Right to Poss. () Contempt () Court's Motion to Dismiss — {). for/to/by APPEARANCES Kk Nawar, eq Lee an Oo t oS Plaintiff/Cross-Defendant Defenda

Review: Case Status

SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN COURTHOUSE 191 NORTH FiRsT STREET SAN José, CALIFORNIA 95113 CIVIL DIVISION File Copy RE: DARRICK HERNANDEZ VS CAMINO VERDE ASSOCIATES L.P., ET AL Case Number: 19CV352677 NOTICE OF HEARING ON STATUS OF CASE To all parties and their attorneys of record in the above entitled case: You are hereby ordered to appear in this Court on April 15, 2021 at 10:00 AM in Department 6 located at 191 N. First Street San Jose California 95113.

Notice of OSC re 3.740(f) (N23F) - Order to Show Cause - CRC 3.740(f)

FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA ILED COUNTY OF KERN UPERIOR OURT OF ALIFORNIA

Complaint - Case Management Conference

Ryan J. Daneshrad, Esq. (SBN 309643) Shantel Yaghoobian, Esq. (SBN 331205) LA CENTURY LAW 1880 Century Park East, Suite 1101 Los Angeles, CA 90067 Telephone: 310) 893-0553 Facsimile: (310) 893-0554 E-mail: [email protected] Counsel for Plaintiff ANITA NELSON

Notice of Assignment and OSC re CRC 3110 and CMC (N18C) - Case Managemen...

FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA ILED COUNTY OF KERN UPERIOR OURT OF ALIFORNIA

Notice of OSC re 3.740(f) (N23F) - Order to Show Cause - CRC 3.740(f)

FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN ILED UPERIOR OURT OF ALIFORNIA

Notice of OSC re 3.740(f) (N23F) - Order to Show Cause - CRC 3.740(f)

FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA ILED COUNTY OF KERN UPERIOR OURT OF ALIFORNIA

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