United States Ninth Circuit

A plaintiff who contends that she was coerced into performing unwanted sexual acts with her supervisor, by threats that she would be discharged if she failed to comply with his demands, has alleged a tangible employment action under Title VII that, if proved, entitles her to relief against her employer. Although Defendant has established, as a matter of law, the affirmative "reasonable care" defense, and although Title VII does not afford monetary relief against a supervisor, because plaintiff presents different and complex issues of state law California-s FEHA, judgments concerning state law claims are vacated and remanded to state court.

Appellate Information

• Argued 12/02/2002
• Decided 08/15/2003
• Published 08/15/2003

Judges

• Before REINHARDT, O'SCANNLAIN, and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• John H. Ernster and Joseph P. Mascovich, Ernster Law Offices, P.C., Pasadena, CA, for the plaintiff-counter-defendant-appellant/appellee., James A. Zapp, Paul, Hastings, Janofsky & Walker LLP, Los Angeles, CA, for the defendant-appellee., Diana P. Scott, Greenberg Traurig LLP, Los Angeles, CA, for the defendant-counter-claimant-appellee/appellant.