Hiraishi v. DeLeon et al. (Mar. 14, 2022, B310395) 2022 WL 761930

A high school teacher brought FEHA claims against two school administrators, alleging (1) the principal engaged in gender harassment by granting male teachers work assignments and resources that she would have preferred over her own; and (2) the superintendent failed to investigate plaintiff’s ongoing complaints, thereby aiding and abetting the principal’s wrongful conduct.  The trial court sustained defendants’ demurrer without leave to amend, because plaintiff alleged no facts linking defendants’ conduct to any gender-based harassment.  And in the absence of such allegations, plaintiff also failed to state a claim for aiding and abetting.

The Court of Appeal affirmed.  Adopting GMSR’s arguments, it rejected plaintiff’s theory that the school principal’s conduct—i.e., allegedly retaliating against plaintiff for her previous complaints and litigation against the school district—amounted to gender harassment.  Nor did plaintiff’s allegations detailing how she was treated compared to her male counterparts sufficiently allege any pattern of bias.

Court of Appeal Opinion – View Document