United States Fourth Circuit

Judgment for an employer in a Title VII sexual harrassment action is proper, where claimant failed to show that her gender motivated male co-workers' sexually explicit conduct and conversations, or that she would not have been exposed to the same offensive behavior had she been a man.

Appellate Information

• Decided 10/10/2002
• Published 10/10/2002

Judges

• Before WILKINS, Chief Judge, and WIDENER, WILKINSON, NIEMEYER, LUTTIG, WILLIAMS, MICHAEL, MOTZ, TRAXLER, KING, GREGORY, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Charles Franklin Thompson, Jr., Tally, Malone, Thompson & Gregory, Columbia, South Carolina, for Appellant.  William Elvin Hopkins, Jr., McCutchen, Blanton, Rhodes & Johnson, L.L.P., Columbia, South Carolina, for Appellee.  Louis Lopez, Office of General, Equal Employment Opportunity Commission, Washington, D.C., for Amicus Curiae Commission.   ON BRIEF:Michael D. Malone, Tally, Malone, Thompson & Gregory, Columbia, South Carolina, for Appellant.  Nicholas M. Inzeo, Acting Deputy General, Philip B. Sklover, Associate General, Lorraine C. Davis, Assistant General, Office of General Counsel, Equal Employment Opportunity Commission, Washington, D.C., for Amicus Curiae Commission.  Michael L. Foreman, Audrey A. Jordan, Lawyers' Committee for Civil Rights Under Law, Washington, D.C., for Amici Curiae Committee, et al.  Wendy N. Hess, Murnaghan Appellate Advocacy Fellow, Public Justice Center, Baltimore, Maryland, for Amici Curiae Center, et al.