Court: U.S. Court of Appeals 9th Circuit

by

In LaPuebla v. Mayorkas, 2024 WL 3874230 (9th Circuit August 20, 2024), the U.S. Court of Appeals for the Ninth Circuit vacated a lower court decision dismissing a hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In sum, the plaintiff (a Customs and Border Protection officer in Guam)…

Read More 9th Circuit Addresses Relationship Between “Severity” and “Pervasiveness” for Title VII Hostile Work Environment Claims
Share This:
by

In Rajaram v. Meta Platforms, Inc., 2024 WL 3192178 (9th Cir. June 27, 2024), the U.S. Court of Appeals for the Ninth Circuit – reversing a lower court – held that 42 U.S.C. § 1981 prohibits employers from discriminating against United States Citizens. From the decision: The disputed question is whether section 1981 prohibits employers…

Read More 9th Circuit Holds That 42 U.S.C. § 1981 Prohibits Discrimination in Hiring Against U.S. Citizens on the Basis of Their Citizenship
Share This:
by

In Mattioda v. Nelson, 2024 WL 1710665 (9th Cir. April 22, 2024), the U.S. Court of Appeals for the Ninth Circuit, inter alia, held that plaintiff (a NASA employee) plausibly alleged a disability-based hostile work environment claim in violation of the Retaliation Act of 1973, 29 U.S.C. § 791 et seq. In sum, plaintiff –…

Read More 9th Circuit Reverses Dismissal of NASA Scientist’s Disability-Based Hostile Work Environment Claim
Share This:
by

In Mayorga v. Diet Center LLC d/b/a Heart Attack Grill, 2024 WL 1574362 (9th Cir. April 11, 2024), the court affirmed the lower court’s award of summary judgment on plaintiff’s employment discrimination claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Even though the First Amended Complaint (“FAC”) alleges…

Read More Title VII Hostile Work Environment and Constructive Discharge Claims Properly Dismissed, Ninth Circuit Holds
Share This:
by

In Sharp v. S&S Activewear, L.L.C., 2023 WL 3857491 (9th Cir. June 7, 2023), the court vacated a lower court’s dismissal of plaintiff’s claim of hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964 based on “music with sexually derogatory and violent content, played constantly and publicly throughout the…

Read More Sexually Demeaning, Violent Music Could Give Rise to Actionable Hostile Work Environment, Even if “Equally Offensive” to Men & Women
Share This:
by

In Opara v. Yellen, 2023 WL 193678 (9th Cir. Jan. 17, 2023), the court, inter alia, affirmed the dismissal of plaintiff’s national origin discrimination claim. As in many, if not most, employment discrimination cases, the plaintiff failed to establish that, even assuming plaintiff established a prima facie case of discrimination, they failed to demonstrate that…

Read More National Origin Discrimination Claim Properly Dismissed, Ninth Circuit Concludes
Share This:
by

In Fried v. Wynn Las Vegas, LLC, 20-15710, 2021 WL 5366989 (9th Cir. (Nev.) Nov. 18, 2021), the court reversed and remanded a district court decision granting defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff, a male manicurist…

Read More Sexual Harassment Hostile Work Environment Claim Survives Against Wynn Hotel
Share This:
by

In Maner v. Dignity Health, 18-17159, 2021 WL 3699780 (9th Cir. Aug. 20, 2021), the U.S. Court of Appeals for the Ninth Circuit, inter alia, affirmed the dismissal of plaintiff’s gender discrimination claim asserted under Title VII of the Civil rights Act of 1964, on a “paramour preference” theory. From the decision: In this appeal,…

Read More Ninth Circuit Rejects “Paramour Preference” Theory of Title VII Sex Discrimination Claims
Share This:
by

In a recent decision, Simmons v. Safeway, Inc. d/b/a Haggen Food and Pharmacy et al., 19-35715 (9th Circuit Aug. 5, 2020) (deemed “not for publication”),[1]General information about this practice here the U.S. Court of Appeals for the Ninth Circuit reversed a summary judgment granted to defendant in plaintiff’s sexual harassment case asserted under Title VII…

Read More Ninth Circuit Reinstates Sexual Harassment Case Against Safeway
Share This:
by

In a recent decision, captioned Judd v. Weinstein, 2:18-cv-05724 (9th Cir. July 29, 2020), the U.S. Court of Appeals for the Ninth Circuit revived Ashely Judd’s sexual harassment lawsuit against Harvey Weinstein, overturning a district court’s dismissal of plaintiff’s claim under § 51.9 of the California Civil Code. From the Opinion: In sum, we conclude…

Read More Ninth Circuit Revives Ashley Judd’s Sexual Harassment Lawsuit Against Harvey Weinstein
Share This: