/cdklawyers.com// 01/26/2012
The Fifth Circuit Court of Appeals recently ruled for the plaintiff in a same-sex sexual harassment matter. Cherry v. Shaw Coastal, Inc., No. 11-30403 (5th Cir. Jan. 19, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-30403-CV0.wpd.pdf. A supervisor sent the plaintiff sexually charged text messages and regularly touched the plaintiff. Both the plaintiff and the plaintiff’s immediate supervisor complained to management. When the company failed to take action, the plaintiff resigned and sued. The jury found for the plaintiff, but the district court overturned the jury’s verdict. The plaintiff appealed.
