Barbara L. Steiner v. Showboat Operating Company, D/B/A Showboat Hotel & Casino

Good Law
25 F.3d 1459·94 Daily Journal DAR 7950·1994 WL 250430·64 Empl. Prac. Dec. (CCH) 43,114·65 Fair Empl. Prac. Cas. (BNA) 58
United States Court of Appeals for the Ninth CircuitJune 10, 199492-16882California3,929 words

Opinion

Opinion

Fletcher, J.

Opinion by Judge FLETCHER.

Barbara Steiner appeals the district court’s grant of summary judgment in favor of defendant-appellee Showboat Operating Company (“Showboat”), her former employer. Steiner’s complaint alleged sexual harassment and retaliation in violation of 42 U.S.C. § 2000e et seq. (“Title VII”), constructive discharge, and intentional infliction of emotional distress. We have jurisdiction under 28 U.S.C. § 1291 . We reverse the district court’s grant of summary judgment for Showboat on Steiner’s sexual harassment and intentional infliction of emotional distress claims, affirm on all other issues, and remand for further proceedings.

FACTS

Showboat hired Steiner to work as a Blackjack dealer at Showboat Hotel and Casino in March of 1986. Two months later she was promoted to be the casino’s first female “floorperson.” Her supervisor was Jack Trenkle, a Showboat vice-president.

In 1987, Steiner complained to Showboat management that Trenkle was calling her offensive names based on her gender, such as “dumb fucking broad,” “cunt,” and “fucking cunt.” Trenkle was not reprimanded; rather, Steiner was moved to a different shift so that she would not have to be in contact…

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