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 Rulings on Failure to Prevent Discrimination and Harassment in Violation of FEHA

51-75 of 10000 results

MATTER OF ADDISON ACOSTA

Nature of Proceedings: Review of Receipt And Deposit Into Blocked Account Appearances required, including the minor. (CRC, Rule 7.952.) If the Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account (Form MC-356) is not on file by the hearing, it is recommended the Court issue an OSC why sanctions of $1,200 should not issue. No appearance will be required once the form is submitted.

  • Hearing

    Jan 25, 2021

  • Judge Jed Beebe
  • County

    Santa Barbara County, CA

CONS OF DONALD R. WILD

Proof of mailing to paternal grandmother, her consent and waiver or verified declaration by petitioner showing diligent efforts made to identify, locate and serve her CRC 7.52 5. Verified declaration by petitioner to clarify whether petitioner has questioned minor’s relatives as to whether minor has any Indian ancestry. Form ICWA-010(A) attached to petition states petitioner has not made any inquiry. 6. Form ICWA-020 filed with the Court. CRC 5.481 Note: No temporary orders are currently in place.

  • Hearing

    Jan 25, 2021

  • Judge

    George

  • County

    Contra Costa County, CA

RE: PET’N FOR APPT OF GUARDIAN, PERSON ONLY

FILED ON 11/24/20 BY MAURICIO HERIBERTO GUTIERREZ COLOCHO PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: Order Appointing Guardian of Minor Form GC-240 (revised 7-1-16) The Court is waiting for these items: Court Investigator’s Report

  • Hearing

    Jan 25, 2021

  • Judge

    George

  • County

    Contra Costa County, CA

GRDNSHIP OF HILARIA AYALA

RE: PET’N FOR APPTMNT OF GRDN OF PERSON FILED ON 11/24/20 BY HILARI RASHEL AZANON AYALA PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Petition Approved Proposed Order Submitted No Appearance Required

  • Hearing

    Jan 25, 2021

  • Judge

    Fenstermacher

  • County

    Contra Costa County, CA

RE: 2ND & FNL ACCT & RPT OF CTR & PET’N FOR COMPENSATION

COUNTY HEALTH SERVICES DEPT PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: Proposed Order C.C. COUNTY HEALTH SERVICES DEPT COUNTY COUNSEL MAE SMITH PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: Verified declaration by petitioner to attach Schedule G C.C. COUNTY HEALTH SERVICES DEPT COUNTY COUNSEL EARLINE COOPER NATHAN D. PASTOR

  • Hearing

    Jan 25, 2021

  • Judge

    Fenstermacher

  • County

    Contra Costa County, CA

RE: FIRST AMENDED PET’N FOR APPT OF C'TOR, PERS & EST

FENTON TAMMY ALICE DALCIN KONSTANTINE A DEMIRIS PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE --Drop, superseded by 5.A. Need: 1. Proof of mailing to Veteran’s Administration, or confirmation that the proposed conservatee is not eligible for or receiving VA benefits 2. Proof of attendance at orientation class for unlicensed conservators 3. Proposed Order The Court is still waiting for: 3. Court Investigator’s Report 4. Report of attorney Samantha Sepehr (MNCD) Note: A.

  • Hearing

    Jan 25, 2021

  • Judge

    Fenstermacher

  • County

    Contra Costa County, CA

PUBLIC ADMINISTRATOR RE: PET’N FOR APPT OF CTR OF PERS/ESTATE

Submit Order Appointing Guardian of Minor Form GC-240 (revised 7-1-16) The Court is waiting for these items: Further report of Atty. Oliver Greenwood Notes: 1. Court will set a review hearing to deposit of funds into blocked account established for each minor. 2. Letters of Guardianship of Person issued to petitioner and Ryan Leuschen 10-2-19. 3. Letters of Temporary Guardianship of Estate issued to petitioner expire 6-21-2021.

  • Hearing

    Jan 25, 2021

  • Judge

    Fenstermacher

  • County

    Contra Costa County, CA

JOSEPH ZALENSKI VS FLYING DANS INC

The Labor Code violation and FEHA causes of action are asserted against Flying Dan’s only. Plaintiff has not articulated a statutory or contractual basis for attorney’s fees against Chang. Family Code § 5235 does not reference attorney’s fees. Plaintiff seeks “front pay” pursuant to his 4th cause of action (i.e., for Retaliation in Violation of FEHA). (Application, 9:16-18.) This cause of action is not asserted against Chang, however.

  • Hearing

    Jan 25, 2021

N B, ET AL. VS BURBANK UNIFIED SCHOOL DISTRICT, ET AL.

STEWART presiding in DEPT. A of the Burbank Courthouse, for all purposes except trial.Department 1 hereby delegates to the Independent Calendar Court the authority to assign the case for trial to that Independent Calendar Court.Any pending motions or hearings, including trial and status conferences, will be reset, continued or vacated at the direction of the newly assigned Independent Calendar court.

  • Hearing

    Jan 25, 2021

MARGUERITE GAMO VS LYNDA GEMBERLING

Nature of Proceedings: Demurrer Tentative not yet posted, please check again.

  • Hearing

    Jan 22, 2021

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

LUCA FOSCHINI VS SHALINI ANANDA

Nature of Proceedings: (4) Motions to Compel Tentative not yet posted, please check again.

  • Hearing

    Jan 22, 2021

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

JENNY BELFORTE ET AL VS REGENTS OF UNIVERSITY OF CALIFORNIA ET AL

Nature of Proceedings: (3) Motions for Good Faith Settlement Tentative not yet posted, please check again.

  • Hearing

    Jan 22, 2021

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

START INC VS NATIONAL FIRE & MARINE INSURANCE COMPANY ET AL

Nature of Proceedings: Motion for Consolidation Tentative not yet posted, please check again.

  • Hearing

    Jan 22, 2021

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

JACK CHAVEZ VS ANACAPA CONCRETE INC

Nature of Proceedings: Motion to Compel; Protective Order Tentative not yet posted, please check again.

  • Hearing

    Jan 22, 2021

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

JACK CHAVEZ VS ANACAPA CONCRETE INC

The amended response at issue to all but RFP #9 is: “Objection, this request seeks disclosure of information which invades the rights of privacy of individuals not parties to this litigation in violation of Article One, Section One of the United States and California Constitutions.” (Article One, Section One of the United States Constitution vests legislative power in the Congress. It does not address privacy rights.)

  • Hearing

    Jan 22, 2021

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

MARGUERITE GAMO VS LYNDA GEMBERLING

The notice states: “As you have not been in possession of the Property for greater than 12 months, Civil Code section 1946.2 does not apply to your tenancy. However, the property you are now in possession of is being withdrawn from the rental market and will return to its former status as a vacation property. While section 1946.2 does not apply to your tenancy, your landlord has agreed to waive your final month’s rent.

  • Hearing

    Jan 22, 2021

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

IN THE MATTER OF IRVING FOGEL

A very limited number of people will be allowed in Department J6 at one time to comply with safety protocols. Face coverings (masks, etc.) are required at all times to enter the courthouse and Department J6, and appropriate social distancing in the courtroom and inside the courthouse shall be maintained at all times. You are encouraged to bring your own face covering to Court if you intend to appear in person.

  • Hearing

    Jan 22, 2021

  • Type

    Family Law

  • Sub Type

    Conservatorship

IN THE MATTER OF BRUCE M. O'HOP

There are deficiencies in the petition for appointment of conservator and questions as to whether a conservatorship is needed. This is a petition to create and fund a SNT under the substituted judgment provisions (Probate Code §2580) which applies to conservatees. If the conservatorship is established and proof of service re Notice of Hearing (GC-020) is filed, the court intends to grant.

  • Hearing

    Jan 22, 2021

IN THE MATTER OF ANN FOGEL

Confirmation of Viewing Conservatorship Video (VN-182) not filed. Subject to the above, Grant. Appoint Chrystal O'Connor conservator of the estate of Ann Fogel with bond of $42,548.00. Set due date and hearing dates for I&A and first account. Proposed Order to be lodged prior to hearing per Local Rule 10.00.D.1. __________________ As COVID-19 cases continue to rise, we need to be even more vigilant. Please avoid coming into the courthouse in person for any reason for the foreseeable future.

  • Hearing

    Jan 22, 2021

  • Type

    Family Law

  • Sub Type

    Conservatorship

IN THE MATTER OF BRUCE M. O'HOP

You are encouraged to bring your own face covering to Court if you intend to appear in person. The Court may need to eliminate in-person appearances in the near future, so please plan accordingly. In order to expand access to justice and still maintain social distancing protocols in Department J6 and the courthouse, the Court has set up two ways to listen to court proceedings: 1.

  • Hearing

    Jan 22, 2021

IN THE MATTER OF ANN FOGEL

Confirmation of Viewing Conservatorship Video (VN-182) not filed. Subject to the above, Grant. Appoint Chrystal O'Connor conservator of the estate of Ann Fogel with bond of $42,548.00. Set due date and hearing dates for I&A and first account. __________________ As COVID-19 cases continue to rise, we need to be even more vigilant. Please avoid coming into the courthouse in person for any reason for the foreseeable future.

  • Hearing

    Jan 22, 2021

  • Type

    Family Law

  • Sub Type

    Conservatorship

IN THE MATTER OF IRVING FOGEL

Confirmation of Viewing Conservatorship Video (VN-182) not filed. Subject to above, Grant. Appoint Chrystal O'Connor conservator of the estate of Irving Fogel with bond of $687,536.00. Set due date and hearing dates for I&A and first account. Zoom appearance is authorized. __________________ As COVID-19 cases continue to rise, we need to be even more vigilant. Please avoid coming into the courthouse in person for any reason for the foreseeable future.

  • Hearing

    Jan 22, 2021

  • Type

    Family Law

  • Sub Type

    Conservatorship

IN THE MATTER OF JACK THOMAS FRYE

Appoint Kimberly Bennett conservator of the person and estate of Jack Thomas Frye with bond to be determined upon filing of I&A. Set due dates and hearing dates for care plan, I&A, and annual status report. Zoom appearance is authorized. __________________ As COVID-19 cases continue to rise, we need to be even more vigilant. Please avoid coming into the courthouse in person for any reason for the foreseeable future. Presently, there is almost no situation that requires a personal appearance in court.

  • Hearing

    Jan 22, 2021

  • Type

    Family Law

  • Sub Type

    Conservatorship

MORRISON VS CITY OF SAN BUENAVENTURA

Please check in with the courtroom clerk by 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. Please review and comply with the Court's "EMERGENCY ORDERS, GUIDELINES AND PROCEDURES" prior to any hearing: http://www.ventura.courts.ca.gov/ . If you wish to submit on the court's tentative decision, please send an email to the court at:[email protected]

  • Hearing

    Jan 22, 2021

MORRISON VS CITY OF SAN BUENAVENTURA

Please check in with the courtroom clerk by 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. Please review and comply with the Court's "EMERGENCY ORDERS, GUIDELINES AND PROCEDURES" prior to any hearing: http://www.ventura.courts.ca.gov/ . If you wish to submit on the court's tentative decision, please send an email to the court at:[email protected]

  • Hearing

    Jan 22, 2021

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