5th Circ. Backs EEOC In Same-Sex Harassment Battle

Law360, New York (September 30, 2013, 3:17 PM EDT) -- The Fifth Circuit upheld a U.S. Equal Employment Opportunity Commission win in a suit over alleged sexually charged taunting directed at a Boh Brothers Construction Company LLC worker by his male supervisor, ruling en banc that gender stereotyping evidence can be used to establish same-sex harassment claims. 

A 10-judge majority of the bitterly divided, 16-judge court concluded that the EEOC could use evidence that Boh Bros. superintendent Chuck Wolfe viewed iron worker and alleged harassment victim Kerry Woods as “insufficiently masculine” to make its Title VII...
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