Texarkana Gazette

Court rejects sexual harassment case involving 2 women

The Associated Press

- By Paul J. Weber

AUSTIN—A female Texas coach who accused another woman of making objectifyi­ng and lurid comments at work can’t sue for sexual harassment because there are no signs the bad behavior was driven by sexual desire, the Texas Supreme Court ruled Friday.

The accuser’s attorney blasted the 6-2 decision as setting an unfair legal precedent for future victims of same-sex sexual harassment in the workplace. And in a pointed dissent, two justices on the all-Republican court suggested there would be little debate if the case had involved a man and a woman.

The decision is timely as companies, sports leagues, statehouse­s and

Hollywood are pledging to take tougher stances on sexual harassment and misconduct on the job amid recent scandals that have toppled many politician­s and celebritie­s.

“It shows that the court is out of touch,” said Brendan McBride, a San Antonio-based attorney for the accuser.

Catherine Clark had accused another female coach at their San Antonio middle school of making repeated comments about her breasts starting in 2007, telling her she would think about her during sex and inappropri­ately grabbing her during a photo. Republican Justice Eva Guzman, one of two women on the nine-mem- ber court in Texas, called the allegation­s “repugnant.”

But in a lengthy majority opinion, Guzman wrote that context is as important as conduct. She said the evidence demonstrat­ed that Clark’s alleged harasser was rude and crass to men and women alike, likening the conduct to bullying that she said fell short of meeting the legal threshold of sexual harassment in a workplace.

“It takes more than a woman noticing and commenting on a feature of another woman’s body —even in a compliment­ary way—to demonstrat­e sexual attraction,” Guzman wrote. She also said that one instance of Clark being grabbed during a photo, while “understand­ably upset- ting,” could not reasonably be interprete­d as sexually motivated given other factors and their prior interactio­ns.

The other woman on Texas’ highest civil court, Republican Justice Debra Lehrmann, joined in a dissent that began with a lengthy recounting of the allegation­s—only this time with the harasser being a hypothetic­al male coach named Andy.

“If Clark’s harasser had been a male—the hypothetic­al “Andy” described above—this evidence would undoubtedl­y permit a reasonable juror to conclude that Clark suffered that type of harassment ‘because’ she is a woman,” Republican Justice Jeffrey Boyd wrote.

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