Harmon v. Home Depot USA Inc.

MEMORANDUM **

Gabriela Harmon, the plaintiff and appellant, alleges she suffered sexual harassment while employed at Home Depot, the defendant and appellee. Harmon sued Home Depot claiming violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e and the Washington Law Against Discrimination, Rev. Wash.Code § 49.60. The district court granted summary judgment to Home Depot. Harmon petitions for review of the district court’s summary judgment order that dismissed her claims.

Harmon sued Home Depot for failing to prevent the alleged harassment and for failing to respond adequately to her complaints of harassment. The district court found Home Depot was entitled, as a matter of law, to assert the Ellerth/Faragher defense barring liability for sexual harassment. See Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 , 118 S.Ct. 2257 , 141 L.Ed.2d 633 (1998); Faragher v. City of Boca Raton, 524 U.S. 775 , 118 S.Ct. 2275 , 141 L.Ed.2d 662 (1998). The district court found that Harmon failed to plead factual allegations to defeat the Ellerth/Faragher defense. In accord with the district court’s conclusion, we find that Home Depot fulfilled its obligations to prevent and…