What is the test for harassment and failure to prevent sexual harassment claims?

Appellant's harassment claim failed because "harassment focuses on situations in which the social environment of the workplace becomes intolerable." (See Roby v. McKesson Corp. (2009) 47 Cal.4th 686, 706.) Common personnel decisions, such as termination, cannot form the basis for a harassment claim. (Reno v. Baird (1998) 18 Cal.4th 640, 647.) It was unreasonable to claim an intolerable social environment at the workplace inside of the statutory period because appellant had not been at the workplace since 2000, well outside of the statute of limitations. It also was unreasonable to claim that the 2008 termination was actionable because that personnel decision could not form the basis for a harassment claim, and appellant was terminated for a valid medical reason.

The "failure to prevent" claim failed because this cause of action requires a preliminary finding of discrimination or harassment. (See Carter v. California Dept. of

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