Nichols

Opinion by Judge RONALD M. GOULD; Concurrence and Partial Dissent by Judge WARDLAW

Antonio Sanchez 1 brought this action against his former employer, Azteca Restaurant Enterprises, Inc., alleging, among other claims, sexual harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”) and its state law counterpart, the Washington Law Against Discrimination (“WLAD”). Sanchez claimed that he was verbally harassed by some male co-workers and a supervisor because he was effeminate and did not meet their views of a male stereotype. Sanchez further asserted that he was terminated in retaliation for opposing the harassment. Following a bench trial, the district court entered judgment in favor of Azteca on all claims.

On appeal, Sanchez challenges the district court’s factual findings and legal conclusions regarding the existence of a hostile work environment; Azteca’s liability for the alleged harassment; and the alleged retaliatory discharge. 2 He also appeals two evidentiary rulings.

We agree with Sanchez that the behavior of his co-workers and supervisor violated Title VII and WLAD. We further agree that Azteca failed to take adequate steps to…

concurring in part and dissenting in part:

I concur in parts I, II, III, IVA, and V of the majority opinion but respectfully dissent from part IVB. Unlike the majority, I believe that the district court correctly concluded that Azteca successfully established an affirmative defense to Sanchez’s claims of a hostile work environment based on vicarious liability for the acts of its managers under Faragher v. City of Boca Raton, 524 U.S. 775, 807 , 118 S.Ct. 2275 , 141 L.Ed.2d 662 (1998). Azteca created and implemented the type of anti-harassment policy that Title VII was designed to encourage. See Shaw v. AutoZone, Inc., 180 F.3d 806, 811 (7th Cir.), cert. denied, 528 U.S. 1076 , 120 S.Ct. 790 , 145 L.Ed.2d 666 (2000) (“Title VII is designed to encourage the creation of anti-harassment policies and effective grievance mechanisms.”) (quoting Burlington Indus. v. Ellerth, 524 U.S. 742, 764 , 118 S.Ct. 2257 , 141 L.Ed.2d 633 (1998)). First, Azteca took no tangible employment action against Sanchez. Second, Azteca had a written sexual harassment policy, which Sanchez admitted receiving, and required that employees attend sexual harassment training sessions, which Sanchez admitted…