Westendorf v. West Coast Contractors, 712 F.3d 417 (9th Cir. 2013)

Jennifer Westendorf, a project manager assistant, claimed sexual harassment and retaliatory discharge under Title VII of the Civil Rights Act of 1964. The district court granted the employer's motion for summary judgment, and the Ninth Circuit affirmed dismissal of the sexual harassment claim on the ground that Westendorf had failed to submit sufficient evidence to support a finding that the offensive sexual conduct (which consisted of four or five "crude and offensive remarks") was so severe or pervasive that it altered the conditions of her employment and created a hostile or abusive work environment. However, the Court reversed the dismissal of Westendorf's retaliatory discharge claim on the ground that the evidence was sufficient to raise a material question of fact as to whether Westendorf's complaints about the "crude and offensive remarks" were a but-for cause of her termination.