• Boh Brothers Construction: Harassment Game Changer?
  • January 21, 2014 | Authors: Sarah E. Pawlicki; James B. Yates
  • Law Firm: Eastman & Smith Ltd. - Toledo Office
  • In Equal Employment Opportunity Commission v. Boh Brothers Construction Company, the Fifth Circuit Court of Appeals recently upheld a jury verdict in favor of a male-on-male sexual harassment case arising out of egregious facts and a supervisor’s bad behavior on an all-male construction site. This same sex harassment case was brought by the EEOC under a “sex stereotyping” legal theory. The decision is one of the more interesting employment cases of 2013 for a variety of reasons. The sharply divided court addressed several nuanced legal and procedural issues and the decision is replete with valuable lessons for employers.