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Smart Summary

Factual and Procedural Background

Respondent, a female employee of petitioner Clark County School District, attended a meeting with her male supervisor and another male employee to review psychological evaluation reports of job applicants. During this meeting, the supervisor read aloud a sexually explicit remark made by one applicant, followed by a suggestive exchange and chuckling between the men. Respondent complained about this incident to her supervisor and other officials of the employer. Subsequently, she filed a retaliation claim under Title VII of the Civil Rights Act of 1964, alleging she was punished for complaining and for filing charges with the Nevada Equal Rights Commission, the Equal Employment Opportunity Commission (EEOC), and for initiating the present lawsuit. The District Court granted summary judgment for petitioner, but the Ninth Circuit Court of Appeals reversed that decision. The Supreme Court granted certiorari to review the Ninth Circuit's ruling.

Legal Issues Presented

  1. Whether the incident involving the supervisor's sexually explicit remark constituted actionable sexual harassment under Title VII.
  2. Whether respondent established a causal connection between her protected activities (complaints, charges filed, and lawsuit) and adverse employment actions taken against her, specifically a punitive transfer.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Faragher v. Boca Raton, 524 U.S. 775 (1998) Sexual harassment is actionable under Title VII only if it is so severe or pervasive as to alter employment conditions and create an abusive environment. Applied to determine that the isolated incident in this case was not sufficiently severe or pervasive to constitute unlawful sexual harassment.
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986) Defined the standard for actionable sexual harassment under Title VII. Quoted to support the severity and pervasiveness standard used in Faragher.
Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998) Only severe or pervasive harassing conduct can alter terms or conditions of employment. Reinforced the threshold for actionable harassment applied in this case.
Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998) Title VII forbids only behavior objectively offensive enough to alter employment conditions. Supported the conclusion that the conduct here was not objectively offensive under Title VII.
Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993) Hostile or abusive work environment must be judged by all circumstances, including frequency and severity of conduct. Used to evaluate the isolated incident's impact on respondent's work environment.
Trent v. Valley Electric Assn. Inc., 41 F.3d 524 (9th Cir. 1994) Protected opposition under § 2000e-3(a) includes opposition based on a reasonable, good faith belief that conduct is unlawful. Considered but ultimately found inapplicable because no reasonable belief of unlawful conduct existed here.
O'Neal v. Ferguson Construction Co., 237 F.3d 1248 (10th Cir. 2001) Temporal proximity must be very close to establish causality in retaliation claims. Applied to reject respondent's claim of causation based on a 20-month delay between protected activity and adverse action.
Richmond v. Oneok, Inc., 120 F.3d 205 (10th Cir. 1997) Three-month period insufficient to establish causality by temporal proximity alone. Supported the court's conclusion that the timing here did not establish causation.
Hughes v. Derwinski, 967 F.2d 1168 (7th Cir. 1992) Four-month period insufficient to establish causality by temporal proximity alone. Further supported the court's rejection of causation based on timing.

Court's Reasoning and Analysis

The Court analyzed the sexual harassment claim by applying the established Title VII standard requiring harassment to be "severe or pervasive" enough to alter employment conditions and create an abusive environment. The single incident involving the supervisor’s reading of a sexually explicit remark, followed by a chuckling exchange, was determined to be an isolated incident that was not "extremely serious." The Court noted that respondent herself admitted the comment did not upset her, and the conduct occurred in the context of reviewing job applicants’ files, a task required of her and her coworkers. Therefore, no reasonable person could have believed the incident violated Title VII.

Regarding the retaliation claim based on a punitive transfer, the Court examined the timing and causality between respondent’s protected activities and the adverse employment action. The transfer was contemplated before the employer knew of the lawsuit, and the actual transfer occurred 20 months after the filing of the EEOC complaint, which is too remote to establish causation. The Court rejected reliance on the EEOC right-to-sue letter as notice constituting a protected activity or causally connected to the transfer. The Court emphasized that temporal proximity must be very close to infer causality, which was lacking here. Consequently, the Court concluded that respondent failed to demonstrate a causal link sufficient to survive summary judgment.

In sum, the Court reversed the Ninth Circuit’s decision and reinstated the District Court’s grant of summary judgment in favor of petitioner.

Holding and Implications

The judgment of the Court of Appeals is reversed, and the District Court’s grant of summary judgment for petitioner is affirmed.

The direct effect of this decision is that respondent’s Title VII retaliation claims fail because the conduct complained of does not meet the threshold for actionable sexual harassment and because the evidence does not support a causal connection between protected activities and adverse employment actions. The Court’s ruling clarifies the application of the severe or pervasive standard to isolated incidents and reinforces the requirement of a close temporal connection to establish causation in retaliation claims. No new precedent beyond these applications was established.

CLARK COUNTY SCHOOL DISTRICT v. SHIRLEY A. BREEDEN

AT a meeting with respondent a male employee to review job applicant's psychological evaluation reports, respondent's male supervisor read aloud a sexually explicit remark that one applicant had made to a co-worker, looked at respondent, and stated, "I don't know what that means." The other employee replied, "Well, I'll tell you later," and both men chuckled. Respondent complained about the comment to the offending supervisor and other officials of their employer, petitioner Clark County School District. Pursuant to Title VII of the Civil Rights Act of 1964, she subsequently filed a 42 U.S.C. § 2000e-3(a) retaliation claim against petitioner, asserting that she was punished for these complaints and also for filing charges against petitioner with the Nevada Equal Rights Commission and the Equal Employment Opportunity Commission and for filing the present suit. The District Court granted petitioner summary judgment, but the Ninth Circuit reversed.

Held: Respondent's claims are insufficient to withstand a summary judgment motion. No one could reasonably believe that the incident of which respondent complained violated Title VII. Sexual harassment is actionable under Title VII only if it is so severe or pervasive as to alter the conditions of the victim's employment and create an abusive working environment. Faragher v. Boca Raton, 524 U.S. 775, 786. Simple teasing, offhand comments, and isolated incidents (unless extremely serious) will not amount to discriminatory changes in employment terms and conditions. The action of respondent's supervisor and co-worker are at worst an isolated incident that cannot remotely be considered "extremely serious." Regarding respondent's claim that she was punitively transferred for filing charges and the present suit, she failed to show the requisite causal connection between her protected activites and the transfer. Petitioner did not implement the transfer until 20 months after respondent filed her charges, and it was comtemplating the transfer before it learned of her suit.

Certiorari granted; 232 F.3d 893, reversed.

PER CURIAM.

Under Title VII of the Civil Rights Act of 1964, 78 Stat. 255, as amended, 42 U.S.C. § 2000e-3(a), it is unlawful "for an employer to discriminate against any of his employees . . . because [the employee] has opposed any practice made an unlawful employment practice by [Title VII], or because [the employee] has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under [Title VII]." In 1997, respondent filed a § 2000e-3(a) retaliation claim against petitioner Clark County School District. The claim as eventually amended alleged that petitioner had taken two separate adverse employment actions against her in response to two different protected activities in which she had engaged. The District Court granted summary judgment to petitioner, No. CV-S-97-365-DWH(RJJ) (D.Nev., Feb. 9, 1999), but a panel of the Court of Appeals for the Ninth Circuit reversed over the dissent of Judge Fernandez, No. 99-15522, 2000 WL 991821 (July 19, 2000) (per curiam) (unpublished), judgt. order reported at 232 F.3d 893. We grant the writ of certiorari and reverse.

On October 21, 1994, respondent's male supervisor met with respondent and another male employee to review the psychological evaluation reports of four job applicants. The report for one of the applicants disclosed that the applicant had once commented to a co-worker, "I hear making love to you is like making love to the Grand Canyon." Brief in Opposition 3. At the meeting respondent's supervisor read the comment aloud, looked at respondent and stated, "I don't know what that means." Ibid. The other employee then said, "Well, I'll tell you later," and both men chuckled. Ibid. Respondent later complained about the comment to the offending employee, to Assistant Superintendent George Ann Rice, the employee's supervisor, and to another assistant superintendent of petitioner. Her first claim of retaliation asserts that she was punished for these complaints.

The Court of Appeals for the Ninth Circuit has applied § 2000e-3(a) to protect employee "oppos[ition]" not just to practices that are actually "made . . . unlawful" by Title VII, but also to practices that the employee could reasonably believe were unlawful. 2000 WL 991821, at *1 (stating that respondent's opposition was protected "if she had a reasonable, good faith belief that the incident involving the sexually explicit remark constituted unlawful sexual harassment"); Trent v. Valley Electric Assn. Inc., 41 F.3d 524, 526 (CA9 1994). We have no occasion to rule on the propriety of this interpretation, because even assuming it is correct, no one could reasonably believe that the incident recounted above violated Title VII.

Title VII forbids actions taken on the basis of sex that "discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment." 42 U.S.C. § 2000e-2(a)(1). Just three Terms ago, we reiterated, what was plain from our previous decisions, that sexual harassment is actionable under Title VII only if it is "so `severe or pervasive' as to `alter the conditions of [the victim's] employment and create an abusive working environment.'" Faragher v. Boca Raton, 524 U.S. 775, 786 (1998) (quoting Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 67 (1986) (some internal quotation marks omitted)). See also Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 752 (1998) (Only harassing conduct that is "severe or pervasive" can produce a "constructive alteratio[n] in the terms or conditions of employment"); Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75, 81 (1998) (Title VII "forbids only behavior so objectively offensive as to alter the `conditions' of the victim's employment"). Workplace conduct is not measured in isolation; instead, "whether an environment is sufficiently hostile or abusive" must be judged "by `looking at all the circumstances,' including the `frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance.'" Faragher v. Boca Raton, supra, at 787-788 (quoting Harris v. Forklift Systems, Inc., 510 U.S. 17, 23 (1993)). Hence, "[a] recurring point in [our] opinions is that simple teasing, offhand comments, and isolated incidents (unless extremely serious) will not amount to discriminatory changes in the `terms and conditions of employment.'" Faragher v. Boca Raton, supra, at 788 (citation and internal quotation marks omitted).

No reasonable person could have believed that the single incident recounted above violated Title VII's standard. The ordinary terms and conditions of respondent's job required her to review the sexually explicit statement in the course of screening job applicants. Her co-workers who participated in the hiring process were subject to the same requirement, and indeed, in the District Court respondent "conceded that it did not bother or upset her" to read the statement in the file. App. to Pet. for Cert. 15 (District Court opinion). Her supervisor's comment, made at a meeting to review the application, that he did not know what the statement meant; her co-worker's responding comment; and the chuckling of both are at worst an "isolated inciden[t]" that cannot remotely be considered "extremely serious," as our cases require, Faragher v. Boca Raton, supra, at 788. The holding of the Court of Appeals to the contrary must be reversed.

Besides claiming that she was punished for complaining to petitioner's personnel about the alleged sexual harassment, respondent also claimed that she was punished for filing charges against petitioner with the Nevada Equal Rights Commission and the Equal Employment Opportunity Commission (EEOC) and for filing the present suit. Respondent filed her lawsuit on April 1, 1997; on April 10, 1997, respondent's supervisor, Assistant Superintendent Rice, "mentioned to Allin Chandler, Executive Director of plaintiff's union, that she was contemplating transferring plaintiff to the position of Director of Professional Development Education," App. to Pet. for Cert. 11-12 (District Court opinion); and this transfer was "carried through" in May, Brief in Opposition 8. In order to show, as her defense against summary judgment required, the existence of a causal connection between her protected activities and the transfer, respondent "relie[d] wholly on the temporal proximity of the filing of her complaint on April 1, 1997 and Rice's statement to plaintiff's union representative on April 10, 1997 that she was considering transferring plaintiff to the [new] position." App. to Pet. for Cert. 21-22 (District Court opinion). The District Court, however, found that respondent did not serve petitioner with the summons and complaint until April 11, 1997, one day after Rice had made the statement, and Rice filed an affidavit stating that she did not become aware of the lawsuit until after April 11, a claim that respondent did not challenge. Hence, the court concluded, respondent "ha[d] not shown that any causal connection exists between her protected activities and the adverse employment decision." Id., at 21.

The Court of Appeals reversed, relying on two facts: The EEOC had issued a right-to-sue letter to respondent three months before Rice announced she was contemplating the transfer, and the actual transfer occurred one month after Rice learned of respondent's suit. 2000 WL 991821, at *3. The latter fact is immaterial in light of the fact that petitioner concededly was contemplating the transfer before it learned of the suit. Employers need not suspend previously planned transfers upon discovering that a Title VII suit has been filed, and their proceeding along lines previously contemplated, though not yet definitively determined, is no evidence whatever of causality.

As for the right-to-sue letter: Respondent did not rely on that letter in the District Court and did not mention it in her opening brief on appeal. Her demonstration of causality all along had rested upon the connection between the transfer and the filing of her lawsuit — to which connection the letter was irrelevant. When, however, petitioner's answering brief in the Court of Appeals demonstrated conclusively the lack of causation between the filing of respondent's lawsuit and Rice's decision, respondent mentioned the letter for the first time in her reply brief, Reply Brief in No. 99-15522 (CA9) pp. 9-10. The Ninth Circuit's opinion did not adopt respondent's utterly implausible suggestion that the EEOC's issuance of a right-to-sue letter — an action in which the employee takes no part — is a protected activity of the employee, see 42 U.S.C. § 2000e-3(a). Rather, the opinion suggests that the letter provided petitioner with its first notice of respondent's charge before the EEOC, and hence allowed the inference that the transfer proposal made three months later was petitioner's reaction to the charge. See 2000 WL 991821, at *3. This will not do.

First, there is no indication that Rice even knew about the right-to-sue letter when she proposed transferring respondent. And second, if one presumes she knew about it, one must also presume that she (or her predecessor) knew almost two years earlier about the protected action (filing of the EEOC complaint) that the letter supposedly disclosed. (The complaint had been filed on August 23, 1995, and both Title VII and its implementing regulations require that an employer be given notice within 10 days of filing, 42 U.S.C. § 2000e-5(b), (e)(1); 29 C.F.R. § 1601.14 (2000).) The cases that accept mere temporal proximity between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence of causality to establish a prima facie case uniformly hold that the temporal proximity must be "very close," O'Neal v. Ferguson Constr. Co., 237 F.3d 1248, 1253 (CA10 2001). See, e.g., Richmond v. Oneok, Inc., 120 F.3d 205, 209 (CA10 1997) (3-month period insufficient); Hughes v. Derwinski, 967 F.2d 1168, 1174-1175 (CA7 1992) (4-month period insufficient). Action taken (as here) 20 months later suggests, by itself, no causality at all.

In short, neither the grounds that respondent presented to the District Court, nor the ground she added on appeal, nor even the ground the Court of Appeals developed on its own, sufficed to establish a dispute substantial enough to withstand the motion for summary judgment. The District Court's granting of that motion was correct. The judgment of the Court of Appeals is reversed.

It is so ordered.

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CLARK COUNTY SCHOOL DISTRICT v. BREEDEN
(Apr 23, 2001)