Can a plaintiff maintain a cause of action for failure to prevent harassment?

California, United States of America


The following excerpt is from Okorie v. L. A. Unified Sch. Dist., 14 Cal.App.5th 574, 222 Cal.Rptr.3d 475 (Cal. App. 2017):

A failure to prevent discrimination claim is a derivative claima plaintiff cannot maintain a cause of action for failure to investigate or prevent harassment unless there was actionable harassment. (See Trujillo v. North County Transit Dist . (1998) 63 Cal.App.4th 280, 289, 73 Cal.Rptr.2d 596 ; Dickson v. Burke Williams, Inc . (2015) 234 Cal.App.4th 1307, 13131314, 184 Cal.Rptr.3d 774.) Plaintiffs' failure to provide the necessary evidence to support their discrimination claim necessarily dooms their failure to prevent discrimination claim.

Other Questions


What is the test for an action brought by a plaintiff who alleges that he was sexually harassed and sexually harassed by another plaintiff? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Can a plaintiff maintain a malicious prosecution cause of action if the entire action in which it was filed has been terminated? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
What is the test for harassment and failure to prevent sexual harassment claims? (California, United States of America)
What is the effect of a plaintiff's failure to join the action of the other party to the action? (California, United States of America)
When a plaintiff joins a separate cause of action for which attorney fees are permitted, can the prevailing party recover on the other side of the action? (California, United States of America)
Can a plaintiff recover for failure to prevent harassment? (California, United States of America)
Does collateral estoppel prevent a party from relitigating the same cause of action in a subsequent action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.