Man wins round in sexual harassment case

By Cy Ryan

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.