Can an employee who has not been discriminated against sue for failing to prevent discrimination that did not occur?
California, United States of America
The following excerpt is from Griffin v. Scott Valley Unified Sch. Dist., C087228 (Cal. App. 2020):
first cause of action, we must also conclude summary adjudication of this cause of action, to the extent it is based on failure to prevent discrimination, was also proper. (Trujillo v. North County Transit Dist. (1998) 63 Cal.App.4th 280, 289 [an employee who has not been discriminated against may not sue an employer for failing to prevent discrimination that did not occur].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an employer be held liable for failing to prevent an employee from committing acts of sexual assault on another employee? (California, United States of America)
Can a company be held liable to an employee for failing to prevent sexual harassment? (California, United States of America)
When an employer and employee are separately represented by an attorney representing the employee, what is the value of the employee's attorney's services? (California, United States of America)
Does an employee's employee handbook say all employees must sign an arbitration agreement? (California, United States of America)
When a judgment is insufficient to provide residual proceeds to an employee's attorney, does the employee have to pay fees to the employee's lawyer? (California, United States of America)
Can an employer who fails to provide proper notice to an employee later intervene in the employee's action? (California, United States of America)
Is there any evidence that discrimination occurred in the context of an employment discrimination claim? (California, United States of America)
Does a finding of "close" to establishing a "strong likelihood" of discrimination in an employment discrimination case have any binding effect on our analysis? (California, United States of America)
What is the test for a temporary restraining order to prevent threats or acts of violence against an employee? (California, United States of America)
What preventative measures might defendant's garbage collection truck have been put in place to prevent injuries sustained by plaintiff in a motor vehicle accident? (California, United States of America)
