Opinion

Harris v. Forklift Systems, Inc.

  • 510 U.S. 17
  • 7 Fla. L. Weekly Fed. S 655
  • 93 Daily Journal DAR 14212
  • 62 U.S.L.W. 4004
  • 62 Empl. Prac. Dec. (CCH) 42,623
Court
Supreme Court of the United States
Filed
Nov 9, 1993
Status
Published
Author
Connor
On the bench
O'Connor, Scalia, Ginsburg
Cited by
8,306 cases
Authority
More cited than 99.9%

Reported overruled on other grounds by Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 53 (2006) — not on the Supreme Court's list

holding that in cases alleging discriminatory work environment, there “cannot be a mathematically precise test,” noting in concurrence that “the plaintiff need not prove that his or her tangible productivity has declined as a result of the harassment. ... It suffices to prove that a reasonable person subjected to the discriminatory conduct would find, as the plaintiff did . . . .” [Citation omitted; internal quotation marks omitted.] [Ginsberg, J., concurring]

How later courts described this case

  • holding that in cases alleging discriminatory work environment, there “cannot be a mathematically precise test,” noting in concurrence that “the plaintiff need not prove that his or her tangible productivity has declined as a result of the harassment. ... It suffices to prove that a reasonable person subjected to the discriminatory conduct would find, as the plaintiff did . . . .” [Citation omitted; internal quotation marks omitted.] [Ginsberg, J., concurring]
  • holding that in cases alleging discriminatory work environment, there cannot be a mathematically precise test, noting in con- currence that the plaintiff need not prove that his or her tangible productivity has declined as a result of the harassment. . . . It suffices to prove that a reasonable person subjected to the discriminatory conduct would feel as the plaintiff did . . . . [Ginsberg, J., concur- ring]
  • explaining in the context of a Title VII claim that “whether an environment is ‘hostile’ or ‘abusive’ can be de- termined only by looking at all the circumstances,” such as “the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably in- terferes with an employee’s work performance”
  • finding that 11 whether an environment was hostile or abusive is determined by looking at the totality of the 12 circumstances; “[t]hese may include the frequency of the discriminatory conduct; its severity; 13 whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it 14 unreasonably interferes with an employee’s work performance”

Written by the judges who cited it.

Later courts went against this

  • Reported overruled on other grounds by Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 53 (2006) — not on the Supreme Court's list

    510 U.S. 17, 21 (1993), abrogated on other grounds by Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53
    Supreme Court of the United StatesJun 22, 20062 citing opinionsother groundsunconfirmed confidenceRead it
  • Reported abrogated on other grounds by Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998) — not on the Supreme Court's list

    510 U.S. 17, 21 (1993), abrogated on other grounds by Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 753
    Supreme Court of the United StatesJun 26, 199813 citing opinionsother groundsunconfirmed confidenceRead it

The opinion

Justice O’Connor

delivered the opinion of the Court.

In this case we consider the definition of a discriminatorily “abusive work environment” (also known as a “hostile work *19 environment”) under Title VII of the Civil Rights Act of 1964, 78 Stat. 253 , as amended, 42 U. S. C. § 2000e et seq. (1988 ed., Supp. III).

I

Teresa Harris worked as a manager at Forklift Systems, Inc., an equipment rental company, from April 1985 until October 1987. Charles Hardy was Forklift’s president.

The- Magistrate found that, throughout Harris’ time at Forklift, Hardy often insulted her because of her gender and often made her the target of unwanted sexual innuendos. Hardy told Harris on several occasions, in the presence of other employees, “You’re a woman, what do you know” and “We need a man as the rental manager”; at least once, he told her she was “a dumb ass woman.” App. to Pet. for Cert. A-13. Again in front of others, he suggested that the two of them “go to the Holiday Inn to negotiate [Harris’] raise.” Id., at A-14. Hardy occasionally asked Harris and other female employees to get coins from his front pants pocket. Ibid. He threw objects on the ground in front of Harris and other women, and asked them to pick the objects up. Id., at A-14 to A-15. He made sexual innuendos about Harris’ and other women’s clothing. Id., at A-15.

In mid-August 1987, Harris complained to Hardy about his conduct. Hardy said he was surprised that Harris was offended, claimed he was only joking, and apologized. Id., at A-16. He also promised he would stop, and based on this assurance Harris stayed on the job. Ibid. But in early September, Hardy began anew: While Harris was arranging a deal with one of Forklift’s customers, he asked her, again in front of other employees, “What did you do, promise the guy . . . some [sex] Saturday night?” Id., at A-17. On October 1, Harris collected her paycheck and quit.

Harris then sued Forklift, claiming that Hardy’s conduct had created an abusive work environment for her because of her gender. The United States District Court for the Middle District of Tennessee, adopting the report and recom *20 mendation of the Magistrate, found this to be “a close case,” id., at A-31, but held that Hardy’s conduct did not create an abusive environment. The court found that some of Hardy’s comments “offended [Harris], and would offend the reasonable woman,” id., at A-33, but that they were not

“so severe as to be expected to seriously affect [Harris’] psychological well-being. A reasonable woman manager under like circumstances would have been offended by Hardy, but his conduct would not have risen to the level of interfering with that person’s work performance.

“Neither do I believe that [Harris] was subjectively so offended that she suffered injury .... Although Hardy may at times have genuinely offended [Harris], I do not believe that he created a working environment so poisoned as to be intimidating or abusive to [Harris].” Id., at A-34 to A-35.

In focusing on the employee’s psychological well-being, the District Court was following Circuit precedent. See Rabidue v. Osceola Refining Co., 805 F. 2d 611, 620 (CA6 1986), cert. denied, 481 U. S. 1041 (1987). The United States Court of Appeals for the Sixth Circuit affirmed in a brief unpublished decision. Judgt. order reported at 976 F. 2d 733 (1992).

We granted certiorari, 507 U. S. 959 (1993), to resolve a conflict among the Circuits on whether conduct, to be actionable as “abusive work environment” harassment (no quid pro quo harassment issue is present here), must “seriously affect [an employee’s] psychological well-being” or lead the plaintiff to “suffe[r] injury.” Compare Rabidue (requiring serious effect on psychological well-being); Vance v. Southern Bell Telephone & Telegraph Co., 863 F. 2d 1503, 1510 (CA11 1989) (same); and Downes v. FAA, 775 F. 2d 288, 292 (CA Fed. 1985) (same), with Ellison v. Brady, 924 F. 2d 872, 877-878 (CA9 1991) (rejecting such a requirement).

*21 II

Title VII of the Civil Rights Act of 1964 makes it “an unlawful employment practice for an employer ... to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” 42 U. S. C. § 2000e-2(a)(l). As we made clear in Meritor Savings Bank, FSB v. Vinson, 477 U. S. 57 (1986), this language “is not limited to ‘economic’ or ‘tangible’ discrimination. The phrase ‘terms, conditions, or privileges of employment’ evinces a congressional intent ‘to strike at the entire spectrum of disparate treatment of men and women’ in employment,” which includes requiring people to work in a discriminatorily hostile or abusive environment. Id., at 64 , quoting Los Angeles Dept. of Water and Power v. Manhart, 435 U. S. 702, 707, n. 13 (1978) (some internal quotation marks omitted). When the workplace is permeated with “discriminatory intimidation, ridicule, and insult,” 477 U. S., at 65 , that is “sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment,” id., at 67 (internal brackets and quotation marks omitted), Title VII is violated.

This standard, which we reaffirm today, takes a middle path between making actionable any conduct that is merely offensive and requiring the conduct to cause a tangible psychological injury. As we pointed out in Meritor, “mere utterance of an ... epithet which engenders offensive feelings in a employee,” ibid, (internal quotation marks omitted) does not sufficiently affect the conditions of employment to implicate Title VII. Conduct that is not severe or pervasive enough to create an objectively hostile or abusive work environment — an environment that a reasonable person would find hostile or abusive — is beyond Title VII’s purview. Likewise, if the victim does not subjectively perceive the environment to be abusive, the conduct has not actually altered the *22 conditions of the victim’s employment, and there is no Title VII violation.

But Title VII comes into play before the harassing conduct leads to a nervous breakdown. A discriminatorily abusive work environment, even one that does not seriously affect employees’ psychological well-being, can and often will detract from employees’ job performance, discourage employees from remaining on the job, or keep them from advancing in their careers. Moreover, even without regard to these tangible effects, the very fact that the discriminatory conduct was so severe or pervasive that it created a work environment abusive to employees because of their race, gender, religion, or national origin offends Title VII’s broad rule of workplace equality. The appalling conduct alleged in Meritor, and the reference in that case to environments “ ‘so heavily polluted with discrimination as to destroy completely the emotional and psychological stability of minority group workers,’” id., at 66 , quoting Rogers v. EEOC, 454 F. 2d 234, 238 (CA5 1971), cert. denied, 406 U. S. 957 (1972), merely present some especially egregious examples of harassment. They do not mark the boundary of what is actionable.

We therefore believe the District Court erred in relying on whether the conduct “seriously affect[ed] plaintiff’s psychological well-being” or led her to “suffe[r] injury.” Such an inquiry may needlessly focus the factfinder’s attention on concrete psychological harm, an element Title VII does not require. Certainly Title VII bars conduct that would seriously affect a reasonable person’s psychological well-being, but the statute is not limited to such conduct. So long as the environment would reasonably be perceived, and is perceived, as hostile or abusive, Meritor, supra, at 67 , there is no need for it also to be psychologically injurious.

This is not, and by its nature cannot be, a mathematically precise test. We need not answer today all the potential *23 questions it raises, nor specifically address the Equal Employment Opportunity Commission’s new regulations on this subject, see 58 Fed. Reg. 51266 (1993) (proposed 29 CFR §§1609.1 , 1609.2); see also 29 CFR §1604.11 (1993). But we can say that whether an environment is “hostile” or “abusive” can be determined only by looking at all the circumstances. These 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. The effect on the employee’s psychological well-being is, of course, relevant to determining whether the plaintiff actually found the environment abusive. But while psychological harm, like any other relevant factor, may be taken into account, no single factor is required.

Ill

Forklift, while conceding that a requirement that the conduct seriously affect psychological well-being is unfounded, argues that the District Court nonetheless correctly applied the Meritor standard. We disagree. Though the District Court did conclude that the work environment was not “intimidating or abusive to [Harris],” App. to Pet. for Cert. A-35, it did so only after finding that the conduct was not “so severe as to be expected to seriously affect plaintiff’s psychological well-being,” id., at A-34, and that Harris was not “subjectively so offended that she suffered injury,” ibid. The District Court’s application of these incorrect standards may well have influenced its ultimate conclusion, especially given that the court found this to be a “close case,” id., at A-31.

We therefore reverse the judgment of the Court of Appeals, and remand the case for further proceedings consistent with this opinion.

So ordered.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.