Kathryn Nixon v. Franciscan Health System

MEMORANDUM

Plaintiff-appellant Kathryn E. Nixon sued defendant-appellee Franciscan Health Services (FHS) for sex discrimination and constructive discharge under Title VII, 42 U.S.C. § 2000e-2, and Washington discrimination law, R.C.W. 49.60.180. Nixon also sued defendant-appellee Dr. Atif Mian for battery under Washington law. The district court granted FHS’s motion for summary judgment and declined to exercise supplemental jurisdiction over Nixon’s state-law battery claim against Dr. Mian. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

1. Nixon sued FHS for sex discrimination under a theory of hostile work environment, alleging that FHS “fail[ed] to take prompt and appropriate remedial action in response to plaintiff Nixon’s complaint of hostile work environment sexual harassment.” Sexual harassment occurs where the plaintiff was subjected to a hostile work environment; i.e., where she “was subjected to verbal or physical harassment that was sexual in nature, ... was unwelcome and ... was sufficiently severe or pervasive to alter the conditions of the plaintiffs employment.” Dawson v. Entek Int'l, 630 F.3d 928, 937-38 (9th Cir. 2011). “[Ejmployers are liable for…