In a favorable decision for employers, a California court of appeal affirmed the dismissal of a plaintiff’s claims for sexual harassment and retaliation, where the alleged misconduct did not establish a hostile work environment, and where plaintiff’s performance counseling was based on poor sales, not her harassment complaint. In Haberman v. Cengage Learning, Inc., plaintiff was a sales representative for a textbook publishing company. The court found that plaintiff’s evidence of harassment fell “far short” of establishing a pattern of continuous, pervasive harassment. Many of the verbal comments and actions, while offensive to plaintiff, were not sexual at all (for instance, the supervisor told a customer that plaintiff was “amazing and had five children with no father in the picture”). Further, the alleged instances of sexual conduct occurred over two to three years. These incidents were “brief and isolated” and often “trivial” comments that did not amount to a legal violation (for instance, a supervisor described plaintiff as “drop dead gorgeous”). The court also dismissed plaintiff’s retaliation claim, concluding that the employer placed her on performance improvement plan for failing to meet sales goals for three years. Plaintiff failed to submit evidence that would link the performance improvement plan to her earlier complaint of harassment.