Cathy Alatorre v. Sean J. Stackley
698 F. App'x 512
| 9th Cir. | 2017Background
- Alatorre sued the Navy alleging a sexually hostile work environment and retaliation based on incidents involving supervisor Bergamini and co-workers; the district court granted summary judgment for the Navy.
- Alatorre appealed; the Navy argued the appeal was moot because Alatorre discharged the district-court costs in bankruptcy.
- The district court found no tangible employment action by Bergamini (transfers were temporary or unrelated) and concluded the Navy could assert the affirmative Faragher/Ellerth defense.
- The Navy responded to complaints by temporarily transferring Alatorre, placing Bergamini and another employee on administrative leave, holding a zero-tolerance meeting, and hiring a former EEOC ALJ to investigate.
- Alleged co-worker conduct was mostly non-sexual and isolated (one comment about her legs); the court found it did not create an abusive work environment.
- Alatorre failed to exhaust administrative remedies for the claim that she was retaliated against by being assigned online courses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of appeal | Bankruptcy discharge of cost award moots appeal | Appeal remains live because reversal could lead to trial and damages | Appeal not moot; live controversy exists |
| Employer vicarious liability for supervisor harassment | Supervisor Bergamini’s conduct created a hostile environment and led to tangible employment actions | No tangible employment action by supervisor; Navy exercised reasonable care and is entitled to affirmative defense | No tangible employment action; Navy prevailed on affirmative defense |
| Co-worker harassment claim | Coworker behavior contributed to a hostile work environment | Conduct was largely non-sexual/isolated and not severe or pervasive | Claim failed; not severe or pervasive enough |
| Retaliation via online-course assignment | Being assigned online courses was retaliation for protected activity | Claim was not administratively exhausted; not reasonably related to prior complaints | Not exhausted; claim dismissed |
Key Cases Cited
- United States v. Sanchez-Gomez, 859 F.3d 649 (9th Cir. 2017) (Article III live-controversy requirement)
- Rousey v. Jacoway, 544 U.S. 320 (2005) (bankruptcy discharge and fresh-start policy)
- Hardage v. CBS Broad., Inc., 427 F.3d 1177 (9th Cir. 2005) (vicarious liability for supervisor-created hostile environment)
- Davis v. Team Elec. Co., 520 F.3d 1080 (9th Cir. 2008) (affirmative defense when no tangible employment action)
- E.E.O.C. v. Prospect Airport Servs., Inc., 621 F.3d 991 (9th Cir. 2010) (elements for coworker-based hostile-environment claim)
- Faragher v. City of Boca Raton, 524 U.S. 775 (1998) (standards for employer liability and affirmative defense)
- Greenlaw v. Garrett, 59 F.3d 994 (9th Cir. 1995) (administrative exhaustion depends on fit between claim and EEOC investigation)