EEOC v. Prospect Airport Servs., 2010 WL 3448119 (9th Cir. 2010)

Rudolpho Lamas and Sylvia Munoz were co-workers employed by Prospect Airport Services, Inc. at McCarran Airport in Las Vegas. Lamas, whose wife died in September 2001, began working at Prospect in the spring of 2002. During the fall of 2002, Munoz, who was married, began a series of rejected sexual overtures toward Lamas. Over the course of several months, Munoz handed Lamas three or four “flirtatious notes,” stating that she was “turned on” by Lamas and that she wanted to “go out” with him. When Lamas informed their boss, Patrick O’Neill, about Munoz’s overtures, O’Neill advised Lamas to tell Munoz the romantic interest was not mutual and to notify management if Munoz “kept it up” so they could “take care of it.” Lamas followed O’Neill’s advice and told Lamas he was not interested, but Munoz did not stop and in fact increased her romantic overtures toward him, handing him a revealing picture of herself while telling him about her “crazy dreams about us in the bathtub” and confirming to Lamas – lest there be any doubt – that “seriously, I do want you sexually and romantically!” Lamas complained to another manager who did nothing to stop Munoz’s unwelcome advances, while yet another told Lamas he did not want to get involved in “personal matters.” Lamas’ co-workers made remarks to him suggesting he was gay. After four or five months of harassment and no protection from management, Lamas’ performance began to deteriorate and eventually he was terminated for “complaints about [his] job performance and negative attitude.”

The district court granted summary judgment to Prospect, but the Ninth Circuit reversed, holding that Lamas had established a genuine issue of fact as to whether Munoz’s sexual conduct and comments were welcome – “Title VII is not a beauty contest, and even if Munoz looks like Marilyn Monroe, Lamas might not want to have sex with her for all sorts of possible reasons…Some men might think chivalry obligates a man to say yes, but the law does not.” The court further determined there was sufficient evidence the harassment was severe or pervasive enough to alter the conditions of Lamas’ employment and that Prospect’s response was “inadequate,” noting that the assistant general manager had advised Lamas to sing “I’m too sexy for my shirt” to himself in response to his complaints about Munoz. See also Breiner v. Nevada Dep’t of Corr., 610 F.3d 1202 (9th Cir. 2010) (male correctional officers could proceed with Title VII challenge to state’s policy of hiring only female correctional lieutenants at a women’s prison).

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Photo of Tony Oncidi Tony Oncidi

Anthony J. Oncidi is the Co-Chair Emeritus of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law…

Anthony J. Oncidi is the Co-Chair Emeritus of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.

Tony is recognized as a leading lawyer by such highly respected publications and organizations as the Los Angeles Daily JournalThe Hollywood Reporter, and Chambers USA, which gives him the highest possible rating (“Band 1”) for Labor & Employment.  According to Chambers USA, clients say Tony is “brilliant at what he does… He is even keeled, has a high emotional IQ, is a great legal writer and orator, and never gives up.” Other clients report:  “Tony has an outstanding reputation” and he is “smart, cost effective and appropriately aggressive.” Tony is hailed as “outstanding,” particularly for his “ability to merge top-shelf lawyerly advice with pragmatic business acumen.” He is highly respected in the industry, with other commentators lauding him as a “phenomenal strategist” and “one of the top employment litigators in the country.”

“Tony is the author of the treatise titled Employment Discrimination Depositions (Juris Pub’g 2020; www.jurispub.com), co-author of Proskauer on Privacy (PLI 2020), and, since 1990, has been a regular columnist for the official publication of the Labor and Employment Law Section of the State Bar of California and the Los Angeles Daily Journal.

Tony has been a featured guest on Fox 11 News and CBS News in Los Angeles. He has been interviewed and quoted by leading national media outlets such as The National Law JournalBloomberg News, The New York Times, and Newsweek and Time magazines. Tony is a frequent speaker on employment law topics for large and small groups of employers and their counsel, including the Society for Human Resource Management (“SHRM”), PIHRA, the National CLE Conference, National Business Institute, the Employment Round Table of Southern California (Board Member), the Council on Education in Management, the Institute for Corporate Counsel, the State Bar of California, the California Continuing Education of the Bar Program and the Los Angeles and Beverly Hills Bar Associations. He has testified as an expert witness regarding wage and hour issues as well as the California Fair Employment and Housing Act and has served as a faculty member of the National Employment Law Institute. He has served as an arbitrator in an employment discrimination matter.

Tony is an appointed Hearing Examiner for the Los Angeles Police Commission Board of Rights and has served as an Adjunct Professor of Law and a guest lecturer at USC Law School and a guest lecturer at UCLA Law School.