Compliance September 6, 2005

Discrimination Based on Sex Need Not Be Of Sexual Nature

September 6, 2005 (PLANSPONSOR.com) - The US 9th Circuit Court of Appeals has reversed a lower court's dismissal of a sexual harassment case, saying that actions that are not "facially sex-specific" may still violate anti-discrimination laws.
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In his opinion, Senior Circuit  Judge Alfred Goodwin also said that the argument that women bore the brunt of a manager’s offensive actions and the defendant’s denial of the accusation created a case for trial by jury.

Three female employees of the National Education Association-Alaska filed sexual harassment claims with the Equal Employment Opportunity Commission (EEOC) saying that their manager Thomas Harvey created a sex-based hostile work environment by loud and profane yelling, hostile gestures, and invasion of personal space inflicted on women in the office and not men.   Some male employees testified in agreement with the women.

Goodwin ruled that the US District Court for the District of Alaska erred in its judgment to dismiss the case, saying that there is “no legal requirement that hostile acts be overtly sex- or gender- specific in content, whether marked by language, by sex or gender stereotypes, or by sexual overtures.”

Goodwin remanded the case of Christopher v. National Education Association, 05 C.D.O.S. 7999 back to the district court for trial.

The full text of the opinion can be found  here .  

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