Orange County Employment Lawyers Blog
A California appellate court reversed a $285,000 verdict in favor of a former spa worker who alleged her employer failed to take reasonable steps necessary to protect her from the sexual harassment and gender discrimination of two customers. 
The issue was that although jurors ruled defendant was not liable for sexual harassment or gender discrimination, it nonetheless found defendant liable on plaintiff’s claim for failure to take reasonable steps to prevent the actions. (Jurors did not find defendant liable for failure to prevent racial harassment, which plaintiff had also alleged.)
The California Court of Appeal, Second Appellate District, Division Five, ruled in Dickson v. Burk Williams, Inc. that when a jury finds that the sexual harassment that occurred wasn’t sufficiently pervasive or severe enough to result in liability, there can’t also be a finding that the employer failed to take reasonable steps to prevent it.