"Gutter Behavior": 5th Circuit on Same-Sex Harassment Michael P. Maslanka, Texas Lawyer October 7, 2013 | 1 Comments share share on linkedin Facebook share on twitter share on google+ Share With Email Send Thank you for sharing! Your article was successfully shared with the contacts you provided. print reprints 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. VIEW COMMENTS ( 1 ) ADD COMMENT What's being said Sign In Terms & Conditions Boston Lawyer Oct 12, 2013 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! Comments are not moderated. To report offensive comments, click here. Preparing comment abuse report for Article #1202621842205 Send Thank you! This article's comments will be reviewed.