Sexual Harassment Standard Shifts

SAN FRANCISCO – The umbrella covering sexual harassment got a little wider this week, following a recent ruling by the 9th U.S. Circuit Court of Appeals that sexual harassment can be proven even if the harassing in question wasn’t motivated by sex.

The decision stems from a lawsuit brought on by three Alaskan employees of the National Education Association in 2001. The suit alleged Carol Christopher, Julie Bhend and Carmela Chamara endured repeated verbal and physical abuse from Thomas Harvey, then the union's assistant executive director in Alaska and now its executive director in the state.

Originally, a federal judge in Alaska rejected the sexual harassment claims, saying there was no evidence that Harvey acted out of bias against women.

But Senior Judge Alfred T. Goodwin, writing for the appellate court, said there was evidence that the women were subjected to “frequent, profane, and often public” tirades, enough to infer that Harvey treated men and women differently, and creating what one male employee testified was “general fear” on the part of the women. Evidence included testimony from various staff members who said Harvey often yelled at the women and made threatening physical gestures, including grabbing their shoulders and shaking his fists at them.

Two of the women have since resigned, attributing their resignations to Harvey.

“This will potentially be a highly beneficial ruling for people filing harassment claims,” attorney John Stiller, an expert in gender discrimination suits, told XBiz. “It’s basically saying that the effects of harassment are more important than the reasons behind it.”

Goodwin said the final decision in such matters should be left to a jury, sending the case, Christopher v. National Education Association No. 04-35029, back to the U.S. District Court for the District of Alaska, which originally dismissed the suit.

“Abuse in the workplace directed at women, whether or not it is motivated by ‘lust’ or by a desire to drive women out of the organization, can violate Title VII of the Civil Rights Act of 1964,” Goodwin wrote. “Offensive conduct that is not sex-specific nonetheless may violate Title VII if there is sufficient circumstantial evidence of differences in the harassment suffered by female and male employees.”

A retrial date has not been set.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Seth Gamble Wraps Production on Pure Taboo Drama 'The Doctrine'

Adult Time has announced that production has wrapped on the post-apocalyptic drama, "The Doctrine," directed by multi-XMAs winner Seth Gamble.

Jackie Diary Makes Her WIFEY Debut

Jackie Diary stars with her husband Chris the Captain and Damion Dayski in the latest release from Vixen Media Group studio imprint WIFEY.

Pornhub Awards Fiesta: A Night of Music, Dancing and Camaraderie

The eighth annual Pornhub Awards transformed Los Candiles Night Club in Glassell Park into a celebration of glamour, glitter, fashion and fame Wednesday night, as performers, creators and industry insiders toasted the year’s winners and danced late into the night while Diplo and Midnight Mary kept the party pulsing from behind the decks.

Carmen Valentina Stars in Latest From Elegant Angel

Carmen Valentina stars with reigning and three-time XMAs Male Performer of the Year Vince Karter in the latest release from Elegant Angel, titled "The Cure for Priapism."

Ukrainian Parliament Rejects Porn Decriminalization Bill

The Verkhovna Rada, Ukraine’s parliament, on Thursday voted against passage of a bill that would have decriminalized the creation and distribution of pornography in that country — an activity that currently carries a prison sentence of three to five years.

Cherie DeVille Leads New Gangbang From Brazzers

Cherie DeVille stars in a new gangbang from Brazzers, titled “Cherie’s Pool Party Parfait.”

Ivy Ireland Fronts Latest From Bellesa Plus

Ivy Ireland stars with Small Hands in the latest release from Bellesa Plus, titled “The Breakup.”

FSC Launches Pride Fundraising Drive

The Free Speech Coalition (FSC) has launched its Pride Fundraising Drive to support its efforts on behalf of the LGBTQ+ community.

Cultpix Debuts AI-Generated Vintage Adult Films at Cannes

At this year’s Cannes Film Festival, B-movie streaming service Cultpix debuted a collection of AI-generated short films drawn from erotic magazine photo spreads published 50 years ago.

Ofcom Fines Youngtek Solutions $800K for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed fines totaling 600,000 pounds (more than $800,000) against adult site operator Youngtek Solutions for failing to implement age checks and respond to information requests as required for compliance with the Online Safety Act.

Show More