Smith v. County of Humboldt

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

On September 28, 2001, plaintiff, Mary L. Smith, filed an employment discrimination complaint against County of Humboldt, alleging that she was subject to sexual harassment by her coworker Denise Grimes, shortly after both began training for positions as Eligibility Workers for the Humboldt County Department of Social Services. On October 4, 2002 this Court heard argument on defendant’s motion for summary judgment based on plaintiffs failure to (1) establish a prima facie case of sexual harassment and (2) file a timely complaint. The Court GRANTS summary judgment for defendant based on plaintiffs failure to state a prima facie claim of sexual harassment. Accordingly, the Court declines to decide whether plaintiffs complaint is time-barred.

BACKGROUND

Plaintiff and the alleged harasser, Denise Grimes, began an eight week training course for their employment as Eligibility Workers for the Humboldt County Department of Social Services on January 8, 2001. According to plaintiff, on January 11, 2001, Ms. Grimes initiated unwanted contact by pushing plaintiffs head. Plaintiffs Depo. at 83:3-8. Plaintiff alleges several other…