Lansdale

Lansdale v. Hi-Health Supermarket Corp.

Good Law
54 F. App'x 268
United States Court of Appeals for the Ninth CircuitDecember 19, 2002Nos. 01-16017, 01-16018; D.C. No. CV-97-02555-RGSCalifornia1,161 words

Opinion

Lead Opinion

MEMORANDUM **

Hi-Health Supermart Corp. appeals the judgment entered against it for discriminating against Jill Lansdale on account of her gender. See 42 U.S.C. § 2000e-2(a) (Title VII). Lansdale appeals the grant of a partial summary judgment against her, and the denial of attorney’s fees. 1 We affirm.

(1) Hi-Health first asserts that it is entitled to judgment as a matter of law. See Fed.R.Civ.P. 50. It asserts that the barrage of gender denigrating comments that issued from its owner and president, Simon Chalpin, was not sufficient to allow a jury to find that Lansdale’s working environment was hostile in the Title VII sense. We disagree. From the evidence submitted, the jury could, indeed, determine that Chalpiris repeated statements were severe and pervasive enough to alter the conditions of Lansdale’s employment and render the environment hostile and abusive. See Harris v. Forklift Sys., Inc., 510 U.S. 17, 21-22 , 114 S.Ct. 367, 370-71 , 126 L.Ed.2d 295 (1993); Ray v. Henderson, 217 F.3d 1234, 1245 (9th Cir. 2000); Fuller v. City of Oakland, 47 F.3d 1522, 1527 (9th Cir.1995); Steiner v. Showboat Operating Co., 25 F.3d 1459,1463 (9th Cir.1994). Certainly a jury could decide…

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