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Dawson v. Entek Int'l (9th Cir. - Jan. 10, 2011)

By Shaun Martin

I know that Mr. Dawson wins the appeal.  So he's assuredly happy.  But I still found it somewhat strange that Judge Bury (sitting by designation from Arizona) begins the opinion with:  "Shane Dawson (Dawson), a male homosexual, appeals the district court's grant of summary judgment . . . ."

I readily concede it may just be me.  But it just seemed, I don't know, somewhat weird to personify a guy by his sexual orientation at the very outset of the case.  It's undeniably relevant, since it's a case about hostile work environment based upon precisely that.

But still.  For some reason, I had a slightly negative reaction.  I'd have written it as "Shane Dawson appeals the district court's grant of summary judgment dismissing his claims that he was retaliated against and subjected to a hostile work environment based upon his sexual orientation."  Then get into the details -- which Judge Bury describes at length -- later on.

I concede, however, that my reaction here might be idiosyncratic.

Not that that ever stops me from sharing.  Particularly when, as here, it's the only Ninth Circuit opinion of the day.

Full post as published by California Appellate Report on January 10, 2011 (boomark / email).