E.E.O.C. v. NATIONAL EDUC. ASS'N, ALASKA

Nos. 04-35029, 04-35201.

422 F.3d 840 (2005)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, and Carol Christopher; Julie Bhend; Carmela Chamara, Plaintiffs-Intervenors-Appellants, v. NATIONAL EDUCATION ASSOCIATION, ALASKA; National Education Association, Defendants-Appellants. Equal Employment Opportunity Commission, Plaintiff-Appellant, and Carol Christopher; Julie Bhend; Carmela Chamara, Plaintiffs-Intervenors, v. National Education Association, Alaska; National Education Association, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 2, 2005.


Attorney(s) appearing for the Case

Jennifer S. Goldstein, EEOC, Washington, DC, for the plaintiff-appellant.

Kenneth R. Friedman, Friedman, Rubin & White, Bremerton, Washington, Terry A. Venneberg, Tacoma, WA, for the plaintiffs-intervenors-appellants.

Jeremiah A. Collins, Bredhoff & Kaiser, Washington, DC, for defendant-appellee NEA.

Leslie Longenbaugh, Simpson, Tillinghast, Sorensen & Longenbaugh, Juneau, AK, for defendant-appellee NEA-Alaska.

Before GOODWIN, BRUNETTI, and W. FLETCHER, Circuit Judges.


GOODWIN, Circuit Judge.

This appeal presents the 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. We hold 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...

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