Argument of Justice O'Connor
Mr. O'Connor: The second case is No. 92-1168, Teresa Harris against Forklift Systems.
This case comes to us on certiorari to the United States Court of Appeals for the Sixth Circuit.
The petitioner, Teresa Harris, sued her former employer, the respondent, Forklift Systems, claiming that the harassment inflicted on her by Forklift's president created a gender-based abusive work environment in violation of Title VII.
Finding this was a closed case, the District Court concluded that Forklift's president often insulted Harris because of her gender and often made her the target of unwanted sexual innuendos.
However, the court held that this conduct did not create an abusive environment because it was not so severe as to seriously affect Harris' psychological well-being or lead her to suffer injury.
The Court of Appeals affirmed.
In the opinion filed today, we reverse the judgment and remand.
We reaffirm Meritor Savings Bank against Vinson which held that Title VII has violated when a workplace is permeated with discriminatory behavior that is severe or pervasive enough to create a discriminatorily hostile or abusive work environment.
If the environment is both objectively and subjectively discriminatorily abusive, if a reasonable person would find it to be abusive, and the plaintiff actually found it to be abusive, a Title VII violation has taken place.
Whether an environment is hostile or abusive can be determined by considering all the circumstances which may include 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.
A serious effect on the employee's psychological well-being is relevant to this inquiry but it is not required.
Justices Scalia and Ginsburg who joined the opinion have also filed concurring opinions.
