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Case: 09-10183 Document: 00511475175 Page: 1 - page 9 / 19





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Case: 09-10183 Document: 00511475175 Page: 9 Date Filed: 05/12/2011

No. 09-10183

employees touched her in a sexual manner and directed sexual comments toward her . . . [and] evidence of ongoing sexual graffiti on the walls, and in the elevator and bathroom . . . .” Id. at 477.

These precedents show that we have allowed evidence of similar forms of discrimination or harassment against others to be used by a plaintiff to prove the intent of certain actions against her. E.g., Kelly, 61 F.3d at 358 & n.10. We also have allowed evidence of sexual harassment of individuals other than a plaintiff to support the existence of an atmosphere of harassment for a Title VII claim. E.g., Waltman, 875 F.2d at 477-78.

A related but distinguishable issue is whether evidence of harassment towards black employees can help support claims of a hostile work environment towards Hispanic employees. We have addressed evidence of cross-category discrimination as being potentially relevant only when there is a sufficient correlation between the kind of discrimination claimed by a plaintiff and that directed at others. See Kelly, 61 F.3d at 357-58. We do not see that a specific holding is needed on this appeal regarding how evidence of the workplace environment for one category of employees can be used to support the claims under Title VII for another category. As we noted earlier, we have held that before a workplace environment may be found sufficiently hostile, a wide array of considerations are to be examined. Ramsey, 286 F.3d at 268. Among the facts that must be proven by the relevant evidence is that “the conditions of the victim’s employment” have been altered by the harassment. Id.

The district court held that the examples of harassment towards black employees could not support the claim that there was a hostile work environment for Hispanic employees. Whether that conclusion is always correct we need not decide. It does appear, though, that if the evidence of the workplace environment for the employees of a plaintiff’s race does not show frequent, severe, and pervasive hostility, then evidence of hostility towards a different


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