## Monday, January 10, 2011

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

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.