context: One may certainly question the wisdom of Ms. Lounds's approach in light of our precedent. Specifically, our caselaw indicates that explicitly race-based conduct should not be viewed in isolation in determining whether a workplace environment is sufficiently polluted with racially offensive harassment.
citation_a.signal: cf.
citation_a.identifier: 185 F.3d 1097, 1097
citation_a.parenthetical: noting as to behavior that is not explicitly gender-based that "if it reasonably could be inferred that the conduct was related to gender or arose out of a context in which admittedly sex and gender-related conduct occurred, then it is for the fact finder to decide whether such an inference should be drawn"
citation_a.sentence: See, e.g., Hernandez, 684 F.3d at 960. Indeed, as we discerned in Chavez, a holistic analysis may actually unearth the racial dimension of conduct that may superficially appear to be race-neutral. 397 F.3d at 833 (“Conduct that appears [race]-neutral in isolation may in fact be [race]-based, but may appear so only when viewed in the context of other [race]-based behavior.”); cf. O’Shea, 185 F.3d at 1097 (noting as to behavior that is not explicitly gender-based that “if it reasonably could be inferred that the conduct was related to gender or arose out of a context in which admittedly sex and gender-related conduct occurred, then it is for the fact finder to decide whether such an inference should be drawn”). We are not, however, in the business of making arguments for the parties.
citation_b.signal: see
citation_b.identifier: 397 F.3d 833, 833
citation_b.parenthetical: "Conduct that appears [race]-neutral in isolation may in fact be [race]-based, but may appear so only when viewed in the context of other [race]-based behavior."
citation_b.sentence: See, e.g., Hernandez, 684 F.3d at 960. Indeed, as we discerned in Chavez, a holistic analysis may actually unearth the racial dimension of conduct that may superficially appear to be race-neutral. 397 F.3d at 833 (“Conduct that appears [race]-neutral in isolation may in fact be [race]-based, but may appear so only when viewed in the context of other [race]-based behavior.”); cf. O’Shea, 185 F.3d at 1097 (noting as to behavior that is not explicitly gender-based that “if it reasonably could be inferred that the conduct was related to gender or arose out of a context in which admittedly sex and gender-related conduct occurred, then it is for the fact finder to decide whether such an inference should be drawn”). We are not, however, in the business of making arguments for the parties.