Caldera

*34 Under the Fair Employment and Housing Act (FEHA), an employee with a disability can sue his or her employer and supervisors for disability harassment. ( Gov. Code, § 12940, subd. (j)(1).) The employee must prove the harassment was either severe or pervasive. ( Miller v. Department of Corrections (2005) 36 Cal.4th 446 , 466, 30 Cal.Rptr.3d 797 , 115 P.3d 77 .)

Augustine Caldera is a correctional officer at a state prison. Officer Caldera stutters *266 when he speaks. The prison's employees mocked or mimicked Caldera's stutter at least a dozen times over a period of about two years. Sergeant James Grove, a supervisor, participated in the mocking and mimicking of Caldera's stutter. Such conduct reflected the prison's culture, according to a senior prison official.

Caldera sued the California Department of Corrections and Rehabilitation (CDCR) and Grove (collectively defendants) for disability harassment, failure to prevent the harassment, and related claims. A jury found the harassment to be both severe and pervasive and awarded Caldera $500,000 in noneconomic damages. The trial court found the damage award to be excessive and granted defendants' motion for a new trial solely…