Please judge, I mean please!!!! have many cameras rolling for the pending antics!

It is a real shame.”

It seem as though they woke up one morning and thought..hmmm…how can I make my daughter a bigger pariah?

Contrary to what plaintiffs’ lawyers and some misguided federal judges believe, you have to show that “sexual” harassment was “based on” sex to prevail under federal antidiscrimination laws like Title VII and Title IX, according to the Supreme Court’s Oncale decision.

Title IX requires a showing that vulgarity occurred because of the plaintiff’s gender. See Gallant v. Bd. of Trustees (N.D. Cal. 1998).

Sexual rumours are not sexual harassment for purposes of federal law when they are not made because of the plaintiff’s sex. See Duncan v. Denver (10th Cir. 2005); Pasqua v. Metropolitan Life Ins. Co. (7th Cir. 1996); cf. Butler v. Ysleta Indep. Sch. Dist., supra (giving little weight to vulgar anonymous letters that were not aimed at plaintiff because of her sex).

If the plaintiff lived in a more liberal area of the country, with activist judges who ignore the statutory “based on sex” requirement, she might win. But in Texas, her claim lacks merit, and likely will be dismissed.

Claims of same-sex sexual harassment are actionable actionable in under Title VII (so says Justice Scalia in Oncale, a case on appeal out of the 5th Circuit: “Because of the many facets of human motivation, it would be unwise to presume as a matter of law that human beings of one definable group will not discriminate against other members of their group.”).

I suspect the Plaintiff will not make all the elements (where the allegation involves sexual harassment by a member of the same sex, the Plaintiff must also prove that the conduct at issue was not merely tinged with offensive sexual connotations, but actually constituted discrimination because of sex), but the claims pass Rule 11 scrutiny.

More troubling is both parents bringing suit as next friend. You cause a lawsuit to be filed like this that names your daughter, details and describes her serial boyfriends and failures on the squad, and avers that she is now seeking psychiatric help. Next friend indeed.

It is a real shame.