Alyson Cabrera recently argued and prevailed in an employment discrimination case before the Ninth Circuit Court of Appeals for her client, a law firm specializing in class action lawsuits. The plaintiff/appellant, an attorney, alleged his prior employer discriminated against him, in part because his boss referred to him as "Cheese Whiz," a name the appellant contended mocked his Asian ancestry. Plaintiff also alleged sexual harassment under the paramour theory and violation of the Equal Pay Act.

Ms. Cabrera prevailed on a motion for summary judgment at the District Court and the employee appealed.

Ms. Cabrera presented the oral argument and persuaded the Ninth Circuit panel to affirm the decision in all respects. Despite the appellant's best efforts to equate the alleged derogatory remark to other highly offensive racial slurs, the Court held that even if defendants had referred to the appellant as "Cheese Whiz," there was no evidence it was intended to be a racial slur. The court also affirmed the award of costs. This is Ms. Cabrera's fourth appellate victory in the Ninth Circuit this year.