Laughon
Laughon v. International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists & Allied Crafts
Opinion
Lead Opinion
Fisher, J.
Charlotte Laughon appeals the district court’s dismissal of her discrimination claim against the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists & Allied Crafts of the United States and Canada (“IATSE” or “the International”). 1 After she was not permitted to join Local 16 of IATSE *933 (“Local 16”), she sued both Local 16 and IATSE alleging sex discrimination and unlawful retaliation. The district court found that her claim was properly directed against Local 16, but not against the International itself. On appeal, Laughon argues that Local 16 was acting as an agent of IATSE, rendering IATSE liable as a principal for Local 16’s discriminatory conduct. We conclude that Local 16 was not acting as an agent of the International; thus, the International is not vicariously liable for Local 16’s actions. Moreover, IATSE did not have actual or constructive notice of Laughoris allegations — either through Local 16’s business manager, who also served as an International vice president, or otherwise — and did not have an affirmative duty to seek out and eradicate discriminatory conduct by the officers of Local 16.