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

2026 XBIZ Honors Salutes Resilience Across the Online Adult Industry

The 2026 XBIZ Honors packed house Wednesday night, turning the Kimpton Everly Hotel’s Nichols Ballroom into a gala celebration of industry excellence.

Zara Makes Her Studio Debut for Blacked

Newcomer Zara has made her studio debut for Vixen Media Group studio imprint Blacked, alongside Anton Harden.

Elevated X Adds CCBill Integration for Payment Processing

Elevated X has added CCBill integration for payment processing to its ELXNexus traffic management and affiliate program software.

Kylie Rocket Leads Dorcel's 'Couture No. 4'

Kylie Rocket headlines the latest release from Dorcel, titled “Couture No. 4.”

Anna de Ville Toplines Latest 'Desperate Anal MILFs' From David Perry

Anna de Ville headlines the seventh volume of director David Perry's "Desperate Anal MILFs," now available from Evil Angel.

Alexa Leigh Makes Her WIFEY Debut

Alexa Leigh stars with her husband Keith and Dan Damage in the latest release from Vixen Media Group studio imprint WIFEY.

Angela White Stars in Latest From Brazzers

Multi-XMAs winner Angela White stars with Derek Savage and Jack Blaque in the latest release from Brazzers, titled "Meet and Skeet."

Cléa Gaultier Directs 'Follow Me #2' From Dorcel

Cléa Gaultier directs in latest release from Dorcel, titled “Follow Me #2.”

Florida Congressman Files Latest Bill to Repeal Section 230

Rep. Jimmy Patronis of Florida has become the latest member of Congress to propose legislation that would repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

XBIZ Lights Up Amsterdam With Star-Studded X3 Expo Debut

From Hollywood to Amsterdam, XBIZ is expanding its international footprint with the Euro edition of X3 Expo, taking place concurrently with XBIZ Amsterdam conference as two distinct experiences within an all-new multi-floor venue.

Show More