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EEOC v. Boh Brothers Construction Co., LLC, 5th Cir

Articles Discussing Case:

Fifth Circuit Says Gender Stereotyping Evidence Can Be Used to Establish a Same-Sex Harassment Claim

Phelps Dunbar LLP • October 03, 2013
On September 27, 2013, in an en banc ruling, a ten-judge majority of a bitterly divided sixteen-judge Fifth Circuit Court of Appeals held that the EEOC could establish a same-sex harassment claim with evidence of gender stereotyping in the form of sexually charged taunting directed at a male employee by his male supervisor. EEOC v. Boh Bros. Constr. Co., Case No.: 11-30770, 2013 WL 5420320 (5th Cir. Sept. 27, 2013).

Federal Appeals Court Resists Categorizing “Sexual Stereotyping” Claim As Violation Of Title VII

Ogletree Deakins • August 20, 2012
Under Title VII, an unlawful employment practice is established when an employee demonstrates that gender is a motivating factor for an adverse employment action. Under that analysis, a number of federal appellate courts have determined that adverse treatment of an individual because he or she does not fit the stereotypical characteristics of his or her gender may be a violation of Title VII.