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Total Articles: 2

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

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).

Boys Gone Wild: Rough Horseplay Can Be Same-Sex Sexual Harassment

A recent federal court decision provides a useful reminder that abusive and offensive behavior that is targeted at employees of one gender can amount to unlawful sexual harassment. The particular behavior involved in this case was specifically “sexual” in nature, but the court’s decision makes it clear that even behavior with no sexual content can be sexual harassment if it is directed only at males or only at females.
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