Starkey

Starkey v. McHugh

Good Law
129 F. Supp. 3d 882·2015 WL 5261628·2015 U.S. Dist. LEXIS 120081
United States District Court, Northern District of CaliforniaSeptember 9, 2015Case No. 5:14-cv-02525-PSGCalifornia2,577 words

Opinion

Lead Opinion

Grewal, J.

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Both parties in this case agree that Wayne Lord, a former -sergeant at the Presidio of Monterey Police Department (“POMPD”), sexually harassed Plaintiff Luydmila Starkey while they worked together at POMPD in 2011 and 2012. Where they disagree is whether the Department of the Army responded appropriately to his conduct and her complaint. Specifically, Defendant John M. McHugh, in his capacity as Secretary of the Department of the Army, moves for summary judgment: (1) that Starkey has not presented sufficient-evidence that she reported her harassment, as she was required to do under Title VII; (2) that Starkey has not presented sufficient evidence to support her allegation of a retaliatory hostile work environment resulting from her-sexual harassment complaint and (3) that Starkey has not presented sufficient evidence to support her allegation of retaliatory termination resulting from - her complaint. Because the court is convinced that genuine issues of material fact remain on all three issues, the Secretary’s motion is DENIED in its entirety.

I.

Title VII of .the Civil Rights Act of 1964 2 prohibits employers from…

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