"Gutter Behavior": 5th Circuit on Same-Sex Harassment

, Texas Lawyer


A very pro-employee decision in a closely watched same-sex harassment case came down from the en banc 5th U.S. Circuit Court of Appeals on Sept. 27.

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What's being said

  • Boston Lawyer

    I feel sorry for people in Texas. There would be no debate that the supervisors abusive actions violate the law here in Massachusetts. Under our state law, we have a definition of sexual harassment that encompasses the supervisor's conduct regardless of his motivation and regardless of the sex of the victims. Furthermore, we hold employers strictly liable for sexual harassment by officers, managers and supervisors. The dissent in EEOC v Boh Brothers seems to be straining to find a way to deny the employee's claim. Good grief!

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