Busby

Busby v. Kramer

Good Law
22 F. App'x 758
United States Court of Appeals for the Ninth CircuitNovember 9, 2001No. 00-35375; D.C. No. CV-98-00116-JDSCalifornia767 words

Opinion

Lead Opinion

MEMORANDUM *

This case involves summary judgment on hostile work environment and retaliation claims.

I. Hostile Work Environment

Nina Busby’s first claim is that she was subjected to a hostile work environment in violation of Title VII. Title VII prohibits discrimination in employment “because of such individual’s ... sex.” 1 *760 Sexual harassment constitutes sex discrimination in violation of federal law. 2 However, in this case, the district court correctly found that Nina Busby did not allege sufficient facts to suggest that she was subject to sexual harassment. As she stated in her deposition, “That’s true, he did not sexually harass me. He har-rassed me.” The only fact that Busby alleges which might possibly construed as sexual is that Faanes called her “girlie,” “gal,” “kiddo,” and “missy” instead of what she preferred to be called, either “Nina” or “Sugar.” 3 The district court did not err in deciding that this did not amount to sexual discrimination, as it cannot be reasonably understood to alter a “term, condition, or privilege of employment within the meaning of Title VII.”

Neither does Ms. Busby offer sufficient evidence to support her allegation that she was…

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