[T]here 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. 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. Similarly, 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.The opinion is available here.
Tuesday, May 19, 2015
Dickson v. Burke Williams, Inc.: No Failure to Prevent Liability Absent Actionable Harassment or Discrimination
Just a very quick note on Dickson v. Burke Williams, Inc. (3/6/15) --- Cal.App.4th ---, in which the Court of Appeal held as follows: