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StumbleMan wins round in sexual harassment case
Friday, Sept. 3, 2010 | 12:09 p.m.
CARSON CITY – A man who formerly worked at McCarran International Airport has won the right to a trial to prove that a female co-worker sexually harassed him, which he says led to him being fired.
The U.S. Ninth Circuit Court of Appeals said Rudolpho Lamas produced enough evidence to suggest that he rejected the alleged continued advances from Sylvia Munoz, who sent him a series of notes, one of which included the offer to have sex.
In one note, Munoz told Lamas, who had been recently widowed, “Seriously I do want you sexually and romantically.” She also made gestures simulating oral sex while they were at work, officials said.
Both were employed at Prospect Airport Services at the airport, helping passengers who needed wheelchairs. Lamas complained to management several times, asking them to tell Munoz to stop.
But the court, in an opinion written by Judge Andrew Kleinfeld, said management took little action and eventually fired Lamas when his work deteriorated.
Lamas contacted the federal Employment Opportunity Commission, which brought the suit against Prospect. U.S. District Judge Kent Dawson of Las Vegas issued a pre-trial summary judge for Prospect ruling that said the conduct of Munoz wasn't severe and pervasive enough to amount to sexual harassment.
But the appeals court said the federal Civil Rights Act prohibits discrimination in which both women and men are the targets.
Kleinfeld wrote that “even if Munoz looks like Marilyn Monroe, Lamas might not want to have sex with her for all sorts of possible reasons.” Munoz was married but told Lamas that she was separated from her husband and she was lacking in sexual gratification.
The judge said, “Some men might feel that chivalry obligates a man to say yes (to the advances) but the law does not.”
The behavior occurred over six months and Lamas sought psychological help. But when his work suffered, he was demoted and eventually fired.
Discussion: 1 comments so far…
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Judge Dawson is a bought and paid for scumbag.
How does Chivalry compel one to have sex against one's will?
The Ninth Circuit got it right in my opinion, in that the fact issues warrant a trial by jury, but the reasoning of the judge relative to the chivalry comment, if quoted correctly, makes no sense.
I personally would like it if a woman did that to me, but that does not mean all men would. If I did not like it, I would first tell the woman directly. I would ask her to stop the behavior and warn her of my intention to involve management if it continuted. I think most reasonable women would stop the behavior if asked sincerely. Only if it was making my work life a living hell would I go to management and put the lustful woman's job at risk. I would like to know how the sexual advances relate to his deteriored work performance. Sexual harrassment is wrong, and retaliation for reporting it is wrong. Nonetheless, I think most situations like this can be handled with honest communication between adults without running to management to tattle. I hope this is not a case wasting our courts' time while only searching for an unearned buck.
That's cause the real name of the appeals court is the " Ninth Circus Court of Appeals".
Good luck, that's like winning custody of your kids from your ex-wife. Laws are still as sexist as ever.
How come I am never that lucky... Where is my female sexual harrasser? :(
Dawson is a prime example of why judges should be elected for a specific term and not appointed for life.
was she too ugly
rabmag she works at Prospect Airport Services at McCarran..
She should have went to the whorehouse for women....
How many similar situations have occured where the woman just leaves the job? No lawsuit, just move on. Management was asleepatdawheel on this one.
I want to see this made into a movie starring Tom Hanks as HIM and Starring the African-American Actress who played "Precious" as HER. from what i heard that would be about right casting