FR Sets Precedent in Sex Discrimination Law With Federal Court of Appeal Victory in EEOC and Christopher v. National Education Association

San Francisco, CA

The U.S. Court of Appeals for the Ninth Circuit handed down a landmark decision today expanding the reach of sex discrimination claims under Title VII. This appeal presented the novel question whether harassing conduct directed at female employees may violate Title VII in the absence of direct evidence that the harassing conduct or the intent that produced it was because of sex. The Court held that offensive conduct that is not facially sex-specific nonetheless may violate Title VII if there is sufficient circumstantial evidence of qualitative and quantitative differences in the harassment suffered by female and male employees. To read the Court’s opinion in its entirety, click here.

Press reports about this victory are appearing in print and online publications around the country. To read one such article, by Justin Scheck of The Recorder, addressing the ramifications of this decision click here.

Ken Friedman of Friedman | Rubin and Terry Venneberg represented the individual plaintiffs. Carmen Flores and Jennifer Goldstein represented the Equal Employment Opportunity Commission.