Equal Employment Opportunity Commission v. Boeing Co.

MEMORANDUM **

Plaintiff/Appellant, the U.S. Equal Employment Opportunity Commission (“EEOC”), appeals the district court’s grant of summary judgment to Defendants-Appellees, The Boeing Company and Boeing Aerospace Operations, Inc. (collectively “Boeing”), on claims for sexual harassment and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., brought by the EEOC on behalf of Boeing employee Kelley Miles (“Miles”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.

We find that the district court erred in concluding that the EEOC failed to raise a triable issue of fact as to whether Miles was subjected to an unlawful hostile work environment on the basis of her sex and as to whether Boeing inadequately responded to her complaints.

Viewing the evidence in the light most favorable to Miles, see Quon v. Arch Wireless Operating Co., Inc., 529 F.3d 892, 899-900 (9th Cir.2008), a reasonable jury could infer that Miles was subjected to conduct by her male co-workers that was both objectively and subjectively offensive and that Miles was so targeted because of her gender. See Surrell v. California Water Service Co., 518 F.3d 1097, 1108…