Zetwick v. County of Yolo, No. 14-17341 (9th Cir. 2017)Annotate this Case
Plaintiff, a county correctional officer, filed suit alleging that the county sheriff created a sexually hostile work environment, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and the California Fair Employment and Housing Act (FEHA), Cal. Gov't Code 12900 et seq. Plaintiff alleged, among other things, that defendant greeted her with unwelcome hugs on more than one hundred occasions, and a kiss at least once, during a 12-year period. The district court granted summary judgment for the sheriff and the county. The court concluded that a reasonable juror could conclude that the differences in hugging of men and women were not, as defendants argue, just "genuine but innocuous differences in the ways men and women routinely interact with members of the same sex and of the opposite sex." The court also held that the district court's contrary conclusion may have been influenced by application of incorrect legal standards. In this case, the district court had not properly considered the totality of the circumstances where the district court failed to consider whether a reasonable juror would find that hugs, in the kind, number, frequency, and persistence described by plaintiff, created a hostile work environment. The court concluded that plaintiff submitted evidence from which a reasonable juror could conclude that, even if the sheriff also hugged men on occasion, there were "qualitative and quantitative differences" in the hugging conduct toward the two genders. Accordingly, the court reversed and remanded.
This is a revision of a Previous Opinion originally issued on November 9, 2016.