Alioto v. Associated Creditors Exchange Inc.

MEMORANDUM

Ann Alioto appeals the district court’s grant of summary judgment in favor of Associated Creditors Exchange, Inc. (“ACE”), dismissing her claims under Title VII of the Civil Rights Act of 1964, as amended, for hostile work environment and retaliation, and her claim for intentional infliction of emotional distress under Arizona law. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part, reverse in part, and remand.

The district court did not err in finding that Alioto failed to establish a prima facie case with regard to her hostile work environment claim. The conduct that Alioto complained of was not “sufficiently severe or pervasive to alter the conditions of [her] employment and create an abusive working environment.” See EEOC v. Prospect Airport Servs., Inc., 621 F.3d 991, 997 (9th Cir.2010). Rather, the conduct was episodic at best, which is insufficient to establish a prima facie case. See Dominguez-Curry v. Nev. Transp. Dep’t, 424 F.3d 1027, 1034 (9th Cir.2005) (“Simple teasing, offhand comments, and isolated incidents (unless extremely serious) will not amount to discriminatory changes in the terms and conditions of employment.” (internal…