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 © 2024 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

Justices Alito, Thomas Invoke Victorian-Era Morality Law, Raising Censorship Concerns

Several national publications reported this week on widespread concern among Free Speech advocates after U.S. Supreme Court Justices Samuel Alito and Clarence Thomas repeatedly invoked during a hearing the infamous segregation-era law the Comstock Act, which was the cornerstone of U.S. censorship of sexual material from the 1870s until the 1970s.

TeamSkeet Releases 1st Installment of 'Ripe for the Taking'

TeamSkeet has released the first installment of its latest feature, "Ripe for the Taking," starring TeamSkeet March AllStar Scarlett Alexis.

Skinfluential Management's FansFuel Acquires Fanwire

FansFuel has acquired creator account management tool Fanwire.

Pineapple Support Appoints Kasey Kei as Brand Ambassador

Pineapple Support has appointed veteran performer and content creator Kasey Kei as its latest brand ambassador.

Nebraska AV Bill Moves Forward Despite Privacy, Free Speech Concerns

Nebraska’s unicameral Legislature has given first-round approval to LB 1092, the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Eva Maxim, Katrina Colt Headline 'Cumming to LA' From Cherry Kiss

Eva Maxim and Katrina Colt star with Vince Karter in 2021 XBIZ Europas Female Performer of the Year Cherry Kiss' "Cumming to L.A.," from Evil Angel.

AEBN Celebrates 25th Anniversary

The Adult Entertainment Broadcast Network (AEBN) is celebrating its 25th year in business this week.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still pursue antitrust claims in the future.

Skylar Snow Headlines 'Infidelity 4' From Sweet Sinner

Skylar Snow toplines "Infidelity 4," the latest release from Mile High Media studio brand Sweet Sinner.

Serenity Cox Stars in 'Enjoy It' From MILFY

Serenity Cox stars with Alberto Blanco in "Enjoy It," from Vixen Media Group studio imprint MILFY.

Show More