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Stewart v. Evans

Dismissal of Title VII claims affirmed because incident complained of was not the type of severe and pervasive sexual harassment prohibited by Title VII and because plaintiff failed to establish a prima facie case with respect to retaliation; dismissal of Fourth Amendment claim reversed because Civil Service Reform Act does not preclude a Bivens action for warrantless search conducted by plaintiff's co-workers.

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Argued November 19, 2001

Opinion for the Court filed by Chief Judge Ginsburg.

Sonya Stewart, an employee of the Department of Commerce, sued the Secretary of Commerce and two departmental employees, alleging that another employee discriminated against her because of sex by berating her with profanity in a phone conversation, and that when she filed a complaint the Department retaliated against her in various ways, all in violation of Title VII of the Civil Rights Act of 1964. She also alleged that the two employees illegally searched her private documents pertaining to the discrimination complaint, in violation of the Fourth Amendment to the Constitution of the United States. The district court granted the defendants’ motion to dismiss.

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