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

9976-10000 of 10000 results

Order to Show Cause (Pre-Disposition) 08/26/2020 - Order to Show Cause -...

Superior Court of California County of Kern Bakersfield Department 17 Date: 08/26/2020 BCV-20-100580 HELFER VS DAIVIES ET AL ...

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Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 20CR 06579 vs. 8:30 AM Pre Preliminary ...

Criminal: Minute Order - Modification

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 19CR 06688 vs. 8:30 AM Modification ...

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Superior Court of California, County of Merced MINUTE ORDERS TRM135191 People vs. Juan Antonio Vega ...

Criminal: Minute Order - Modification

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) MF48432 vs. 8:15 AM Modification ...

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Criminal: Minute Order - Arraignment

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 17TR 16198 vs. 8:30 AM Arraignment ...

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Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 19CR 06193 vs. 8:30 AM Progress Report ...

Non-Criminal: Minute Order - Motion

Superior Court of California, County of Merced MINUTE ORDERS County of Merced vs Zhassan Hernandez 10:00 AM 12:00 PM FLM59477 Motion Date of Hearing: ...

Criminal: Minute Order - Readiness Conference

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 17CR 03727 vs. 8:30 AM Readiness Conference ...

Collection Statement - Court Collections Statement Letter

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF MERCED People of the State of California, Plaintiff(s) ) Case No.: 18CR-05863 vs. Franklin Billy Baer, Defendant(s) ...

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Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 19CR 06344 vs. 8:30 AM Pre Preliminary ...

Criminal: Minute Order - Remittitur on Appeal

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Criminal: Minute Order - Pre-Trial Conference

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 20CR 00819 vs. 8:30 AM Pre Trial Conference ...

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Superior Court of California County of Kern Date: 12/03/2020 Time: 1:30 PM - 5:00 PM TCL-19-000254 ...

Demurrer 12/03/2020 - Demurrer

Superior Court of California County of Kern Bakersfield Department 10 Hearing Date: 12/03/2020 Time: 8:30 AM - 12:00 PM ALSHAIF VS ALSHAIF ...

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: CITY OF SUNNYVALE VS DANIEL SHATTUC Case Number: 18CV332409 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 June 11, 2020 at 10:00 AM in Department 6 located at 191 N. First Street San Jose California 95113. For a hearing on t...

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