Can a plaintiff recover for failure to prevent harassment?

California, United States of America


The following excerpt is from Davidson v. Red Robin Int'l, Inc., C069041 (Cal. App. 2015):

First, as plaintiff agrees, he must show he was subjected to unlawful harassment in order to prevail on a claim for failure to prevent harassment. (Trujillo v. North County Transit Dist. (1998) 63 Cal.App.4th 280, 289 [plaintiff cannot recover for an employer's failure to present harassment, absent a finding that the plaintiff actually suffered actionable harassment].) The failure of plaintiff's harassment claim necessarily defeats his claim for failure to prevent harassment.

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