5th Circ. Invites Bias Suits Over 'Horseplay,' Lawyers Say

Law360, New York (October 1, 2013, 9:16 PM EDT) -- The Fifth Circuit's decision reinstating a U.S. Equal Employment Opportunity Commission win in a male-on-male sexual harassment case embraced a broad view of the evidence plaintiffs can use to support same-sex harassment allegations, stoking concerns that workplace shenanigans unrelated to sexually motivated bias may inspire Title VII claims. 

Sitting en banc, a divided Fifth Circuit upheld a jury verdict in favor of the EEOC on Sept. 27 in a case brought on behalf of a former Boh Brothers Construction Co. LLC  iron worker who was allegedly...
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