Facts

Jessica Gutierrez filed an employment related lawsuit against Sodexo Inc. and Steven Kennedy.

PLAINTIFF'S CONTENTIONS:
Plaintiff is a Mexican-American female that was hired by Sodexo as an administrative assistant and then promoted to the position of Customer Service Specialist. Plaintiff further alleged that Kennedy became her supervisor and he began harassing and discriminating against her on the basis of race, national origin, gender, and disability. Plaintiff contended that Kennedy's harassing conduct included asking her if she was related to the Mexican janitors, yelling at her on a daily basis, telling her she could not perform certain jobs because she was a woman, and demanding a copy of her passport and I-9 form.

DEFENDANTS' CONTENTIONS:
Defendants argued that plaintiff failed to show she suffered any adverse employment action. Plaintiff contended that plaintiff never received a pay cut and was not fired from her job. Defendants further argued that hostile conduct alleged by plaintiff was not based on race, national origin, gender, or disability.

Result

The court granted defendants' motion for summary judgment. The court found, in part, that there was no evidence that plaintiff suffered any adverse employment action. The court further held that plaintiff failed to show that Kennedy's conduct was motivated by race or gender based on three instances out of approximately 150 days' worth of facially neutral abusive conduct.

Other Information

FILING DATE: March 1, 2013.