Appeals court rejects gay man’s sexual harassment claim

Friday, March 30, 2001 | 10:57 a.m.

CARSON CITY -- In a 2-1 decision, the 9th U.S. Circuit Court of Appeals has rejected the petition of a gay employee of the MGM Grand hotel-casino who said he was repeatedly subjected to sexual harassment by his co-workers.

In a majority decision written by Judge Procter Hug Jr., the court on Thursday ruled the 1964 federal Civil Rights Act does not cover complaints involving sexual orientation. The law, said the court, refers to cases in which discrimination exists based on a person's gender.

Medina Rene, a butler who works on the 29th floor of the MGM Grand -- where high-rolling guests are lodged -- said from 1994 to 1996 he was subjected to a hostile work environment; he said co-workers made fun of him because he was gay.

Hug wrote, "The degrading and humiliating treatment Rene contends that he received from his fellow workers is appalling and is conduct that is most disturbing to this court.

"However, this type of discrimination, based on sexual orientation, does not fall within the prohibitions of title VII (of the Civil Rights Act)," according to the majority opinion, which upheld a summary judgment granted by Federal District Judge Philip Pro in favor of the MGM.

Rene said complaints to his superiors went unanswered, so he filed suit in April 1997 in federal court in Las Vegas.

In rejecting his appeal the court said Rene could file suit in state court, alleging such things as battery, negligence and intentional infliction of emotional distress. It said the conduct "is not immune from other legal recourse."

But Judge Dorothy Nelson, who filed a dissent, said the two-year Nevada statute of limitations expired, and Rene can no longer file suit in state court.

Nelson wrote, "While gay-baiting insults and teasing are not actionable under Title VII, a line is crossed when the abuse is physical and sexual."