Oleszko

Oleszko v. State Compensation Insurance Fund

Good Law
10 F. App'x 419
United States Court of Appeals for the Ninth CircuitMarch 20, 2001No. 99-15207; D.C. No. CV-95-00516-VRWCalifornia509 words

Opinion

Lead Opinion

MEMORANDUM *

Oksana Oleszko appeals the district court’s summary judgment in favor of defendants on her claims of sexual harassment, race and national origin discrimination, and retaliation in violation of Title VII, and intentional infliction of emotional distress under California law. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Oleszko alleges that the romantic relationship between two of her supervisors, Dora Cooke and David Howard, amounts to sexual harassment of her. She claims that Mr. Howard targeted her because Ms. Cooke did not like her. Even if true, this scenario amounts to neither quid pro quo nor hostile environment sexual harassment. Cf. Candelore v. Clark County Sanitation Dist., 975 F.2d 588, 590 (9th Cir.1992) (finding no actionable sex discrimination claim based on allegation that co-worker who had romantic affair with supervisor received favorable treatment).

*421 Oleszko has likewise failed to raise a genuine issue of disputed fact as to her race and national origin discrimination and retaliation claims. Because Oleszko has alleged no verbal or physical conduct of a racial nature, her claim of a racially hostile work environment must…

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