Ruth Milano v. Rolondo Aguilerra

MEMORANDUM

Plaintiff, Ruth Milano, appeals the district court’s order granting summary judgment for the defendant on claims of hostile environment sexual harassment and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Milano also appeals the district court’s order denying her motion for reconsideration under Federal Rule of Civil Procedure 59(e). We have jurisdiction under 28 U.S.C. § 1291 and affirm.

1. We review de novo a grant of summary judgment. Fair Hous. Council of Riverside Cnty., Inc. v. Riverside Two, 249 F.3d 1132 , 1135 (9th Ct.2001). The district court properly granted summary judgment on Milano’s hostile work environment claim. To establish her claim, Milano was required to show that “the harassment was sufficiently severe or pervasive to alter the conditions of [her] employment and create an abusive work environment.” Dawson v. Entek Int’l, 630 F.3d 928, 938 (9th Cir.2011). The single incident of sexual harassment on which Milano bases her claim was offensive, but was not sufficiently severe to alter the terms and conditions of her employment. See Brooks v. City of San Mateo, 229 F.3d 917, 926 (9th Cir.2000) (noting that a…