Connor

Connor v. Micron Technology, Inc.

Good Law
341 F. App'x 302
United States Court of Appeals for the Ninth CircuitJuly 13, 2009No. 07-35354California501 words

Opinion

Lead Opinion

MEMORANDUM **

Lupita N. Connor (“Connor”) appeals the district court’s order granting summary judgment for her former employer, Micron Technology, Inc. (“Micron”), in her Title VII action alleging: (1) sexual harassment; and (2) retaliation. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review an order granting summary judgment de novo. Montero v. AGCO Corp., 192 F.3d 856, 860 (9th Cir. 1999). We affirm.

(1) When no tangible employment action is taken against an employee, an employer may raise the Faragher affirmative defense to liability or damages under Title VII. See Faragher v. City of Boca Raton, 524 U.S. 775, 807 , 118 S.Ct. 2275 , *304 141 L.Ed.2d 662 (1998). The Faragher defense applies if the employer can prove by a preponderance of the evidence that: (1) “the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior,” and (2) the employee “unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.” Id.

Viewing the facts in the light most favorable to Connor, the record demonstrates that the alleged harassment did not culminate in a “tangible employment action, such as…

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