Summary Judgment Affirmed On Harassment Claim But Reversed On Retaliation Claim.

Plaintiff worked for a construction company. Her supervisors used foul language, referred to a woman with large breasts as “Double D,” told plaintiff she was lucky because women had multiple orgasms, and asked her whether women “got off” when they used a particular type of tampon. At one point, she was told to wear a French maid uniform and clean their trailer. At first, it was the president of the company who inquired of her about her treatment, as he had heard about it from others. He told her to keep him informed, which she did. But after she informed the president, she was treated worse.  Eventually the president told her she couldn’t get along and had her escorted from the site. The trial judge granted summary judgment in favor of the employer, and the Ninth Circuit affirmed the judgment on the harassment claim, but reversed and remanded on the retaliation claim. Westendorf v. West Coast Contractings (Ninth Cir.; April 1, 2013) (Case No. 11-16004).