United States Ninth Circuit

Summary judgment for defendant-employer in a Title VII action claiming sexual harassment and retaliatory discharge is: 1) affirmed in part, where plaintiff did not make out a prima facie case of sexual harassment because the evidence did not support a finding that the offensive sexual conduct of a co-worker and a supervisor was so severe or pervasive that it altered the conditions of the plaintiff’s employment and created a work environment that a reasonable person would consider hostile or abusive; and 2) reversed in part, where the evidence was sufficient to raise a material question of fact as to whether the plaintiff’s complaints were a but-for cause of her termination, and the evidence supported a finding that plaintiff was fired because of her protected activity.

Appellate Information

• Decided 04/01/2013
• Published 04/01/2013

Judges

• ARNOLD

Court

• United States Ninth Circuit

Counsel