Caribbean Marine Services Co. v. Baldrige

Facts

Commercial tuna fishing vessels use purse seine nets to catch yellowfin tuna by locating porpoises that swim with the tuna. This practice historically resulted in significant porpoise deaths, leading Congress to enact the Marine Mammal Protection Act in 1972. The Act requires vessel owners to obtain permits and allow government observers aboard to monitor compliance. Before 1986, NOAA hired only male observers, but after complaints of sex discrimination, the agency began recruiting female observers. Fishing voyages last three months or longer, during which crew members share cramped dormitory-style bunkrooms and common toilets and showers without partitions. The owners submitted declarations claiming that crew members undress in common areas, use facilities in view of cabinmates, and sometimes remove clothes or relieve themselves on deck. They argued that female observers would invade crew privacy, distract workers, reduce efficiency, and expose owners to liability for potential harassment or assault. The government countered with evidence that private quarters exist on vessels, that observers had been successfully assigned private accommodations, and that female observers had completed voyages without incident on similar vessels.