California Court of Appeal

In this case, the trial court entered judgment in favor of plaintiff on her claims under the California Fair Employment and Housing Act (FEHA) for failure to taking reasonable steps necessary to prevent sexual harassment or discrimination and denied defendant's motion for judgment notwithstanding the verdict. The judgment is reversed, where: 1) there cannot be a valid claim for failure to take reasonable steps necessary to prevent sexual harassment if, as here, the jury finds that the sexual harassment that occurred was not sufficiently severe or pervasive as to result in liability; 2) a claim for failure to take reasonable steps necessary to prevent sexual harassment cannot prevail when the necessary element of sexual harassment is not established; and 3) the jury's finding that defendant was not liable on plaintiff's sex discrimination claim because there was no adverse employment action precludes defendant's liability for failure to take reasonable steps necessary to prevent sex discrimination.

Appellate Information

• Decided 03/06/2015
• Published 03/06/2015

Judges

• Mosk

Court

• California Court of Appeal

Counsel