Sustained as to the first and second causes of action without leave to amend. Plaintiff fails to allege facts to demonstrate that the prior assault by Walston was conduct amounting to harassment under the FEHA. To establish a hostile environment, harassment must be pervasive as to alter the conditions of employment and create an abusive work environment. Harassment that is occasional, isolated or sporadic or trivial is insufficient to state a cause of action for harassment. Plaintiff must show harassment of an extreme, repeated, routine or generalized nature. Plaintiff only alleges that Walston is said to have engaged in a prior “assault” and “harassment”, but does not allege facts to demonstrate that he engaged in conduct that amounts to harassment under the FEHA. Without a viable underlying claim, Plaintiff cannot allege a claim for CDCR’s failure to prevent harassment or hostile work environment. Plaintiff has been given three previous opportunities to amend the complaint, therefor,
Hearing Date
February 25, 2021
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Sustained as to the first and second causes of action without leave to amend. Plaintiff fails to allege facts to demonstrate that the prior assault by Walston was conduct amounting to harassment under the FEHA. To establish a hostile environment, harassment must be pervasive as to alter the conditions of employment and create an abusive work environment. Harassment that is occasional, isolated or sporadic or trivial is insufficient to state a cause of action for harassment. Plaintiff must show harassment of an extreme, repeated, routine or generalized nature. Plaintiff only alleges that Walston is said to have engaged in a prior “assault” and “harassment”, but does not allege facts to demonstrate that he engaged in conduct that amounts to harassment under the FEHA. Without a viable underlying claim, Plaintiff cannot allege a claim for CDCR’s failure to prevent harassment or hostile work environment. Plaintiff has been given three previous opportunities to amend the complaint, therefor,