United States Ninth Circuit

In a sexual harassment case in which a male employee was the victim of a female co-worker, summary judgment for defendant is reversed where there were genuine issues of material fact as to whether: 1) plaintiff was subjected to "verbal or physical conduct of a sexual nature"; 2) such conduct was unwelcome; 3) the pervasiveness and the inadequate response by the employer established a jury question of whether a co-worker's overtures led to an abusive environment; 4) defendant's actions were not enough to establish an affirmative defense.

Appellate Information

• Argued 04/16/2009
• Decided 09/03/2010
• Published 09/03/2010

Judges

• Kleinfeld

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Dori K. Bernstein, Thomas W. Murphy