Upholding the Duty to Prevent Discrimination and Retaliation

At Nassiri Law, led by attorney Damian Nassiri, we are steadfast in our commitment to uphold the rights of employees who have faced discrimination and retaliation in the workplace. Under California law, employers have an affirmative and mandatory duty to prevent these harmful actions. We’re here to ensure this duty is upheld and your rights are protected.

The Duty to Prevent Discrimination and Retaliation

Under the California Government Code §12940(k), employers have a clear duty to prevent discrimination and retaliation in the workplace. This duty was further affirmed in the case of Northrop Grumman Corp. v. Workers’ Comp. Appeals Bd. (2002) 103 Cal.App.4th 1021, 1035. This means that employers must take active steps to prevent discrimination and retaliation from occurring. This could include implementing and enforcing anti-discrimination policies, providing training to employees, promptly investigating complaints of discrimination or retaliation, and taking appropriate action when such complaints are substantiated.

Case Study: Failure to Prevent Discrimination and Retaliation

Consider the case of one of our clients, who experienced both discrimination and retaliation in her workplace. Despite her employer’s duty to prevent such actions, they failed to do so. Instead of protecting her rights, they discharged her the day she exhausted her FMLA leave, without providing her any additional disability leave under the Fair Employment and Housing Act (FEHA).

This case clearly illustrates a failure on the part of the employer to uphold their duty to prevent discrimination and retaliation. Our client was wrongfully terminated, not because of her performance or conduct, but because she exercised her rights under the FMLA and FEHA.

Establishing a Prima Facie Case of Failure to Prevent Discrimination and Retaliation

To establish a prima facie case of an employer’s failure to prevent discrimination and retaliation, a plaintiff must show:

1. They were subjected to discrimination or retaliation in the workplace
2. The employer failed to take all reasonable steps to prevent the discrimination or retaliation
3. This failure caused the plaintiff to suffer injury, damage, loss, or harm

In the case of our client, we can clearly demonstrate all these elements. She was subjected to discrimination based on her disability and retaliation for exercising her FMLA rights. Her employer failed to take any steps to prevent this, and as a result, she was wrongfully terminated, causing her significant harm.

The Importance of Legal Representation

Cases involving an employer’s failure to prevent discrimination and retaliation can be complex, requiring a deep understanding of the law and a strategic approach. At Nassiri Law, we have the knowledge and experience to navigate these complexities and build a strong case for our clients.

How Nassiri Law Can Help

If you believe you have been a victim of discrimination or retaliation, and your employer failed to prevent these actions, Nassiri Law is here to help. Our team, led by attorney Damian Nassiri, has extensive experience in employment law and a deep understanding of the protections afforded under California law. We will work tirelessly to ensure your rights are upheld and to seek justice on your behalf.

Contact Us Today

Don’t let your employer violate your rights under California law. If you believe you have been a victim of wrongful termination, discrimination, or retaliation, and your employer failed to prevent these actions, contact the employment lawyers at Nassiri Law today at 949-375-4734 for a fee consultation. We’re here to listen, support, and fight for your rights.