Cavanaugh

Cavanaugh v. McCords Toyota of Vancouver

Good Law
90 F. App'x 985
United States Court of Appeals for the Ninth CircuitMarch 24, 2004No. 02-36134California369 words

Opinion

Lead Opinion

MEMORANDUM **

Harvey Ulm appeals the district court’s grant of summary judgment on his hostile-workplace sexual harassment and retaliation claims. We affirm.

The district court properly considered all of the admissible evidence in granting summary judgment, and did not render its decision uncertain or incorrect by using *986 the word ‘appear.’ The defendants exercised reasonable care to prevent sexually harassing behavior and acted promptly to correct it. See Faragher v. City of Boca Raton, 524 U.S. 775, 807 , 118 S.Ct. 2275 , 141 L.Ed.2d 662 (1998); Glasgow v. Georgia-Pacific Corp., 103 Wash.2d 401, 406-07 , 693 P.2d 708 (1985). The defendants’ corrective action ended the harassment. See Ellison v. Brady, 924 F.2d 872, 882 (9th Cir.1991); Glasgow, 103 Wash.2d at 407 , 693 P.2d 708 .

Ulm failed to show that his participation in protected activity was causally linked to the allegedly adverse employment action. See Payne v. Norwest Corp., 113 F.3d 1079, 1080 (9th Cir.1997); Delahunty v. Cahoon, 66 Wash.App. 829, 839 , 832 P.2d 1378 (1992). In addition, Ulm did not establish a genuine issue of fact as to whether the defendants’ legitimate reason for the allegedly adverse action…

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