California, United States of America
The following excerpt is from Martinez v. Cnty. of San Bernardino, G049091 (Cal. App. 2014):
The cited incidents occurred over a period of years after plaintiff was elevated to CSS II. They clearly represent the "'"occasional, isolated, [and] sporadic"'" conduct that will not support an harassment claim. (Brennan v. Townsend & O'Leary Enterprises, Inc., supra, 199 Cal.App.4th at p. 1347.) What's more, plaintiff asserted the female trainee's complaint about his training methods was offensive simply because he believed the comment was possibly directed at his gender. Whenever he complained about the off-color language his supervisor would remind staff to refrain from using inappropriate language. Finally, the trial court sustained an objection to the sole evidence plaintiff cited to dispute defendants' assertion he had no valid reason to believe giving an Hispanic name to the lizard constituted harassment or discrimination against him. Even if plaintiff was offended by this conduct, nothing in the record indicates use of the name "Luis" was directed at him.
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