Wilkinson
Wilkinson v. Clark County School District
Opinion
Opinion
MEMORANDUM
Appellant, Rhonda Wilkinson, appeals the district court’s entry of summary judgment in her case alleging sexual harassment and unlawful retaliation during her employment by the Clark County School District.
Appellant alleged that the conduct of one of her coworkers was so severe and pervasive that it created a hostile work environment. See Porter v. Cal. Dep’t of Corr., 419 F.3d 885, 892 (9th Cir.2005). While some of the conduct complained of was unwelcome and sexual in nature, it was not so severe as to constitute a hostile environment. See id. Summary judgment was appropriate.
The retaliation claim is founded upon her permanent transfer to a different facility involving allegedly poor working conditions and reduced responsibilities. The transfer followed a threat by her direct supervisor that she would not have a career with the District if she pursued a harassment claim. This is indicative of an unlawful retaliatory motive. See Bergene v. Salt River Project Agric. Improvement & Power Dist., 272 F.3d 1136 , 1141-42 (9th Cir.2001). The employer claimed the transfer was motivated by concerns for the appellant’s safety, so there are material issues of fact. Summary…