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RENE v. MGM GRAND HOTEL, INC.

No. 98-16924.

305 F.3d 1061 (2002)

Medina RENE, Plaintiff-Appellant, v. MGM GRAND HOTEL, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 24, 2002.

Attorney(s) appearing for the Case

Richard Segerblom, Las Vegas, NV, for the appellant.

Elayna J. Youchah, Schreck Morris, Las Vegas, NV, for the appellee.

Before: SCHROEDER, Chief Judge, HUG, PREGERSON, TROTT, FERNANDEZ, T.G. NELSON, THOMAS, GRABER, W. FLETCHER, FISHER, and BERZON, Circuit Judges.

Argued and Submitted En Banc September 25, 2001.

Opinion by Judge WILLIAM A. FLETCHER; Concurrence by Judge PREGERSON; Concurrence by Judge GRABER; Concurrence by Judge FISHER; Dissent by Judge HUG.

WILLIAM A. FLETCHER, Circuit Judge.

This case presents the question of whether an employee who alleges that he was subjected to severe, pervasive, and unwelcome "physical conduct of a sexual nature" in the workplace asserts a viable claim of discrimination...

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