Date: 07-16-2001

Case Style: Michelle Nichols v. Azteca Restaurant Enterprises

Case Number: 99-35579

Judge: Judge Gould

Court: United States Court of Appeals for the Ninth Circuit

Plaintiff's Attorney: Kathleen Phair Barnard of Schwerin Campbell Barnard, LLP, Seattle, Washington

Defendant's Attorney: Rex Darrell Berry of Davis, Grimm & Payne, Seattle, Washington

Description: Antonio Sanchez1 brought this action against his former employer, Azteca Restaurant Enterprises, Inc., alleging, among other claims, sexual harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964 ("Title VII") and its state law counterpart, the Washington Law Against Discrimination ("WLAD"). Sanchez claimed that he was verbally harassed by some male co-workers and a super-visor because he was effeminate and did not meet their views of a male stereotype. Sanchez further asserted that he was terminated in retaliation for opposing the harassment. Following a bench trial, the district court entered judgment in favor of Azteca on all claims.

* * *

Click the case caption above for the full text of the Court's opinion.

Outcome: We therefore reverse the judgment of the district court with respect to Sanchez's hostile work environment claim, and remand for further proceedings consistent with our opinion. We affirm the judgment of the district court with respect to Sanchez's retaliation claim. Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion. Azteca cannot be held liable for Sanchez's failure to follow its publicized anti-harassment policy.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Reported by KB