Gibson Dunn has been recognized by Litigation Daily with a Litigator of the Week shout-out for achieving a complete summary judgment victory in a harassment case. The case involved GRAIL, Inc., which faced allegations from a former employee concerning race-based discrimination, harassment, and retaliation under the California Fair Employment and Housing Act.
The lawsuit originated after the plaintiff overheard an inappropriate joke at a sales event. Following this incident, GRAIL conducted an investigation and disciplined the employee responsible. However, the plaintiff felt that the disciplinary action was insufficient and contrary to company policy. Gibson Dunn argued that GRAIL had effective anti-harassment measures in place and acted promptly by investigating, issuing a written warning, and requiring sensitivity training.
Further claims of retaliation were made when the plaintiff’s position was eliminated during restructuring. Gibson Dunn demonstrated that GRAIL offered an equivalent role to avoid supervision by the alleged harasser and noted that the plaintiff had accepted another job before being informed about her role’s elimination.
The Alameda County Superior Court ruled in favor of GRAIL, determining that there was no legal basis for harassment claims, that GRAIL’s response was appropriate, and that there was no retaliatory intent behind the job elimination. The court dismissed speculative evidence presented by the plaintiff.
“Read more (subscription required): https://www.law.com/litigationdaily/2025/05/16/litigator-of-the-week-runners-up-and-shout-outs/“
