Jottings By An Employer's Lawyer

Tuesday, July 01, 2003

8th Circuit - 7th Grade Behavior Not Enough For Male on Male Sexual Harassment

Blows to the scrotum on three or four occasions, accompanied by laughter reminds me of 7th grade behavior. Here the bully resigned, the victim didn't get fired and both the district court and appeals court (wisely in my opinion) held it was not enough to show gender harassment. Linville v. Sears (8th Cir. 6/30/03) [pdf]. It is amazing that the judicial system has to spend this much time on a case like this.

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