Draper

Draper v. Coeur Rochester, Inc.

Good Law
147 F.3d 1104·98 Daily Journal DAR 7205·1998 WL 340411·74 Empl. Prac. Dec. (CCH) 45,497·77 Fair Empl. Prac. Cas. (BNA) 188
United States Court of Appeals for the Ninth CircuitJune 29, 1998No. 97-15178California4,518 words

Opinion

Lead Opinion

Reinhardt, J.

Kateri Draper appeals the district court’s grant of summary judgment in favor of her former employer. Specifically, she challenges the district court’s determination that her claims of hostile work environment, constructive discharge, and quid pro quo sexual harassment under Title VII were time-barred under the applicable limitations period. Because we conclude that genuine issues of material fact exist regarding whether the alleged hostile work environment continued into the limitations period, and because we conclude that the limitations period on Draper’s cause of action for constructive discharge began to run at the time she resigned her position, we hold that summary judgment was inappropriate as to these two claims. We affirm, however, as to the claim of quid pro quo harassment.

I. BACKGROUND

We set forth below the relevant facts in the light most favorable to Draper, as is necessary for purposes of considering an order granting summary judgment. For the same reason we assume, for purposes of this opinion, that as to all disputed facts, Draper’s version is correct.

In November 1992, Kateri Draper, a Hispanic woman, began working for Coeur at its mining operation on the…

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