Zelaya

Zelaya v. Eastern & Western Hotel Corp.

Good Law
6 F. App'x 583
United States Court of Appeals for the Ninth CircuitMarch 5, 2001No. 99-16179; D.C. No. CV-96-00989-DWH (RLH)California956 words

Opinion

Lead Opinion

MEMORANDUM *

Magdalena Zelaya (“Zelaya”) appeals from the summary judgment in favor of defendant Eastern & Western Hotel Corporation, dba, Hotel San Remo Casino & Resort (“Hotel”).

I

In her first claim for relief, Zelaya contends that her supervisor, Frederick Asuncion, subjected her to a series of verbal sexual advances throughout her employment at the Hotel in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-(2)(a)(l). Zelaya relies on three statements made by Asuncion. On the first occasion, Zelaya asked Asuncion if she could leave work at 3:00 p.m. instead of 5:00 p.m. Asuncion told her, “You know what the conditions are for you to leave early.” On the second occasion, Asuncion stated: “Did you decide to go out with me? It has been a long time now that I have been asking you to go out with me and to do something.” Zelaya replied that she was a married woman and that it would “go bad for him” if she told her husband. Asuncion stated that if she told her husband about his request, she would lose her job and she would never get another job. On the third occasion, Zelaya stated that she was going to tell her husband. Asuncion grabbed her key and told…

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