Sexual Harassment Plaintiff Must Make a Prima Facie Case

Sexual Harassment Plaintiff Must Make a Prima Facie Case

A ruling in favor of Defendant was made April 1, 2013 on a Title VII action claiming sexual harassment in Fresno and retaliatory discharge in an appeal from a US District Court decision in a Nevada case. The district court granted summary judgment to Defendant. Plaintiff appealed that ruling to the 9th Circuit. In part, the panel held the Plaintiff did not make a prima facie Fresno sexual harassment case because the evidence did not support a finding that the conduct of the co-worker or supervisor was severe or pervasive enough to alter the plaintiff’s conditions of employment enough so that a reasonable person would consider it hostile or abusive. They found the plaintiff provided sufficient evidence to raise a material question of fact as to whether or not her complaints were a “but for” cause of her termination. Westendorf v. West Coast Contractors

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Labor Law Office, APC

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2017-12-13T21:46:47+00:00 April 28th, 2013|Sexual Harassment|