Caribbean Marine Services Co. v. Baldrige

Under Marine Mammal Protection Act regulations, NOAA began assigning female as well as male observers to fishing vessels, including one assigned to a boat owned by Caribbean Marine Services Company (CMS) (plaintiff); CMS sued NOAA officials (defendants), seeking a preliminary injunction on grounds that female observers would violate male crew members' privacy in shared bunkrooms and bathrooms, expose CMS to uninsurable sexual-harassment liability, and distract officers from fishing operations. The government countered with evidence that female observers had served successfully elsewhere, that assault or harassment incidents were rare, and that private accommodations were commonly available on such vessels; the district court nonetheless granted the injunction based on a hardship-balancing test, and the government appealed.