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Nasser v. AT & T Corp.

Citation: 307 F. App'x 103Docket: No. 07-15845

Court: Court of Appeals for the Ninth Circuit; January 11, 2009; Federal Appellate Court

Narrative Opinion Summary

This case involves an appeal by an employee against a summary judgment in favor of her employer, AT&T Corporation, concerning a sexual harassment claim under the California Fair Employment and Housing Act (FEHA). The appellate court affirmed the district court's decision, emphasizing the requirements to establish a hostile work environment claim. Under FEHA, such a claim necessitates evidence of a workplace filled with discriminatory behavior severe enough to alter employment conditions, as per Harris v. Forklift Systems, Inc. The court evaluated both subjective and objective perspectives of the alleged harassment and concluded that the cited single incident, involving a distasteful skit, failed to meet the required severity threshold. Isolated incidents must be significantly serious, referencing Clark County School District v. Breeden, and the presented incident was deemed insufficient. The court's decision is affirmed, and it is not intended to be published or serve as a precedent, in accordance with 9th Cir. R. 36-3. This outcome leaves the employer free from liability under the circumstances of this case.

Legal Issues Addressed

Hostile Work Environment under California Fair Employment and Housing Act (FEHA)

Application: To establish a claim of a hostile work environment under FEHA, the workplace must be permeated with discriminatory conduct severe enough to alter employment conditions. The court found that the incident cited did not meet this threshold.

Reasoning: To establish a hostile work environment claim under FEHA, an employee must demonstrate that the workplace is filled with discriminatory behavior severe enough to alter employment conditions, as outlined by Harris v. Forklift Systems, Inc.

Non-Precedential Rulings of the Ninth Circuit

Application: The court's decision is not intended for publication or to serve as precedent, aligning with Ninth Circuit rules.

Reasoning: The judgment is affirmed, and the ruling is not intended for publication or precedent except as specified by 9th Cir. R. 36-3.

Objective and Subjective Perception of Hostile Environment

Application: The court assessed both the subjective and objective perspectives of the alleged harassment and determined that the single incident was insufficiently severe to be perceived as abusive.

Reasoning: The hostile environment must be both subjectively and objectively perceived as such.

Single Incident in Hostile Work Environment Claims

Application: The court emphasized that isolated incidents must be extremely serious to meet the threshold for a hostile work environment claim, and found the skit insufficiently severe.

Reasoning: Isolated incidents must be extremely serious to meet this threshold, referencing Clark County School District v. Breeden.