Bailey v. S.F. Dist. Attorney's Office

Summary

The court held that a single use of an unambiguous racial epithet by a coworker may constitute actionable harassment under FEHA when evaluated under the totality of the circumstances, and that Bailey presented a triable issue on that claim. It also held that an HR manager’s alleged obstruction of a harassment complaint, hostility, and threats could collectively constitute an adverse employment action supporting retaliation. The court reversed the Court of Appeal’s judgment and remanded for further proceedings, including reconsideration of the City’s liability for the harassment.