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

Lucy Mochi Makes Her Slayed Debut

Lucy Mochi has made her debut for Vixen Media Group studio imprint Slayed, alongside Della Cate.

Platform Pulse: Inside the Technology and Trends Powering the Direct-to-fan Economy

For a brief, glittering moment, the fan-platform boom felt like a modern-day gold rush. The premise seemed simple: Open an account, post some tantalizing content and watch the subscriptions roll in. OnlyFans became a household name, "selling feet pics" became a cultural punchline and creators poured into the market hoping to claim their share of the action.

West Coast Productions Debuts Cory Chase Showcase 'Unleashed Desires'

West Coast Productions has released its latest showcase title, "Cory Chase: Unleashed Desires."

Mayalynn Makes Her WIFEY Debut

Mayalynn has made her debut for Vixen Media Group studio imprint WIFEY, alongside her husband MrJax and Don Sudan.

FSC Sets Dates, Qualifiers for December Board of Directors Election

The Free Speech Coalition (FSC) has published dates and qualifiers for its upcoming board of directors election.

Private Drops 'Pornstars Summer Getaway'

Private has released its latest title, "Pornstars Summer Getaway," directed by Xavi Rocka.

The End Is Coming: Pure Taboo Explores Post-apocalyptic Sex, Survival and Submission in 'The Doctrine'

It's the end of the world as we know it, and Seth Gamble feels fine. On a scorching hot day in the remote mountains of Santa Clarita, Gamble is directing "The Doctrine," an ambitious post-apocalyptic drama for Adult Time's Pure Taboo label.

Aylo Wins Preliminary Injunction Against Utah AV Law's VPN Rule

A federal court on Thursday issued a preliminary injunction preventing the state of Utah from enforcing a legal provision that would make adult websites liable if minors in the state circumvent geolocation efforts in order to bypass age verification.

Avery Lust Leads Latest From TransAngels

Avery Lust stars with Jack Des Feux in the latest release from TransAngels, titled "Hung Waitress."

Emma Rose Toplines 'TS Girls Do It Best 4' From TransSensual

Two-time XMAs Trans Performer of the Year Emma Rose headlines "TS Girls Do It Best 4," from Mile High Media studio imprint TransSensual.

Show More