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Employment Law
FEHA
Sex Discrimination and Sexual Harassment

Victoria Zetwick v. County of Yolo, Edward G. Prieto, and Does 1 through 50, inclusive

Published: Jan. 10, 2015 | Result Date: Nov. 5, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 2:12-cv-02486-TLN-AC Summary Judgment –  Defense

Court

USDC Eastern


Attorneys

Plaintiff

Johnny L. Griffin III
(Law Office of Johnny L. Griffin III)

Manolo H. Olaso
(Law Office of Johnny L. Griffin III)


Defendant

Carolee G. Kilduff
(Angelo, Kilday & Kilduff Attorneys at Law)

Cori R. Sarno


Facts

Victoria Zetwick sued the County of Yolo and Edward Prieto, related to Zetwick's employment with the County.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that she was a correctional officer with the county for about 14 years, and that during that time, she was the victim of a hostile work environment. Plaintiff accused Yolo County Sheriff Edward Prieto of subjecting her and other female employees to unwelcome touching and kissing. Plaintiff allegedly complained about Prieto's conduct, but to no avail.Plaintiff asserted causes of action for sexual harassment and failure to prevent sexual harassment in violation of the California Fair Employment Housing Act.

DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's allegations, and moved for summary judgment. Defendants denied subjecting plaintiff to any sexual conduct. Defendants contended that plaintiff also never communicated to Prieto that his alleged conduct was unwelcome. Moreover, defendants claimed that plaintiff was not subjected to severe or pervasive harassment.

Result

The court concluded that Zetwick failed to make a sufficient showing that Prieto's conduct rose to the level of harassment so as to create a hostile work environment, as the conduct alleged fell within the definition of ordinary workplace socializing. Accordingly, the court granted defendants' summary judgment motion, effectively dismissing of Zetwick's claims in their entirety.

Other Information

Plaintiff filed a notice of appeal on Nov. 24, 2014, with the 9th Circuit Court Of Appeal. FILING DATE: Oct. 3, 2012.


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