CA Supreme Court Clarifies the Definition of Harassment – A Single Instance is Enough!

discrimination
Judge Dan Hinde

On July 29, the California Supreme Court issued a decision in Bailey v. San Francisco District Attorney’s Office which brought clarity to the definition of workplace harassment and employer liability under the Fair Employment and Housing Act (FEHA).

Case Background

Twanda Bailey, an African American investigator at the San Francisco District Attorney’s Office, alleged that a coworker with whom she shared an office and job duties called her a highly offensive racial slur.

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Though the co-worker was disciplined, Bailey alleged that, after she reported this incident, the human resources manager for the District Attorney’s Office obstructed the filing of a formal complaint, engaged in a course of intimidating conduct, and threatened Bailey, causing a hostile work environment.

Bailey’s action against the City alleged she was subjected to racial harassment by her coworker and retaliation by the human resources manager after complaining of the harassment.

The trial court granted summary judgment for the City, finding Bailey had failed to make a prima facie showing on her FEHA claims based on only one instance of harassment. The Court of Appeal affirmed, and the California Supreme Court granted review.

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The CA Supreme Court’s Reversal

The California Supreme Court ultimately reversed the lower court’s findings, concluding that “an isolated act of harassment may be actionable if it is sufficiently severe in light of the totality of the circumstances, and that a coworker’s use of an unambiguous racial epithet, such as the N-word, may be found to suffice.”

The Court further assessed whether a course of conduct which prevented an employee from reporting and addressing racial harassment in the workplace could constitute an actionable in a claim of retaliation to be considered an adverse employment action. They concluded that it may and reversed the judgment of the Court of Appeal.

Looking Ahead

This case is critical as it broadens the understanding of what a hostile work environment is under the law.  This ruling clarifies that even a single severe incident of harassment can suffice to make a prima facia case under FEHA.

It is now clear that employers should take any and all complaints of harassment seriously, even if it is an isolated incident.

Emilia Arutunian

Emilia (Mila) Arutunian is a partner at Gomez Trial Attorneys and the firm's team leader of the employment and labor team. Prior to joining the firm, Mila spent her career litigating cases on the defense side, including defending California businesses against claims and lawsuits involving workplace harassment, discrimination and retaliation. After being exposed to the overwhelming challenges employees suffered in the modern workplace, Mila left the defense world to utilize her skill set and pursue her passion in representing the people to bring lawsuits to help employees who have been sexually harassed, discriminated against or otherwise illegally terminated.

Comments 1

  1. Steve Fry says:

    Ok so a co worker used some bad language. Fire them and move forward. The HR manager tried and end around to squash this. Fire and move forward. Do this enough it will stop.

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