Legal Opinion · Dissent
Cynthia Fuller v. Idaho Dept. of Corrections
Court of Appeals for the Ninth Circuit
Decided July 31, 2017No. 14-36110Published
1DissentIkuta, Circuit Judge
An employer is liable for sexual harassment under Title VII only if it engages in discriminatory conduct that alters the “terms, conditions, or privileges of employment, because of ... sex.” 42 U.S.C. § 2000e-2(a)(l). Courts may conclude that abusive conduct is “discriminat[ion] ... because of ... sex,” id., based on evidence that “members of one sex [were] exposed to disadvantageous terms or conditions of employment to which members of the other sex [were] not exposed,” Oncale v. Sun-downer Offshore Servs., Inc., 523 U.S. 75, 80, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998) (quoting Harris v.…
2Cases cited20 opinions
- Harris v. Forklift Systems, Inc.Supreme Court of the United States · 1993
- Oncale v. Sundowner Offshore Services, Inc.Supreme Court of the United States · 1998
- Clark County School District v. BreedenSupreme Court of the United States · 2001
- Patricia A. Brooks v. City of San Mateo, a Municipal Order and Corporation San Mateo Police Department John Stangl, Chief of Police Steven SelvaggioCourt of Appeals for the Ninth Circuit · 2000
- Victoria Zetwick v. County of YoloCourt of Appeals for the Ninth Circuit · 2017
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