Unpublished Disposition, 933 F.2d 1013 (9th Cir. 1991)

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US Court of Appeals for the Ninth Circuit - 933 F.2d 1013 (9th Cir. 1991)

Gladys ALTEN, Plaintiff-Appellant,v.CITY OF SCOTTSDALE, Michael Gannon, Defendants-Appellees.

No. 90-15163.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted April 10, 1991.Decided May 13, 1991.

Before PREGERSON, NOONAN and DAVID R. THOMPSON, Circuit Judges.


ORDER

We reverse the district court's grant of summary judgment in favor of defendants on Gladys Alten's Arizona Civil Rights Act (ACRA) claim. Alten's papers presented to the district court contained sufficient evidentiary material to raise a general issue of material fact whether the sexual harassment and hostile environment she faced at work led to the deterioration in performance for which she was ultimately terminated. Given that the section 1983 claim went to the jury, the ACRA claim should have gone to the jury as well. Alten's ACRA claim is not moot. ACRA is to be interpreted using Title VII case law, Civil Rights Div. v. Superior Court, 146 Ariz. 419, 706 P.2d 745 (Ct.App.1985), and all Title VII remedies are available under ARCA.

We remand for further proceedings consistent with Ninth Circuit law interpreting Title VII. See, e.g., Ellison v. Brady, 924 F.2d 872 (9th Cir. 1991). In all other respects, the district court is affirmed.