When people think about sexual harassment, they usually envision a male co-worker or supervisor targeting a female employee. Most people know that this scenario can be reversed, with a female harasser and a male victim.
But what about same-sex harassment?
Same-sex harassment is equally unlawful, and this may come as a surprise to unwary employers. A recent example is the case of Boh Brothers Construction, LLC v. Equal Employment Opportunity Commission (EEOC), which was decided by the Fifth Circuit Court of Appeals on September 27, 2013.
This case involved a five-man work crew. The crew superintendent, Wolfe, apparently thought that one of the crew members, Woods, didn't fit in and wasn't manly enough.
According to testimony in the case, Wolfe routinely called Woods names like “princess” and “pussy”, pretended to hump him, and engaged in other abuse. Wolfe testified that he did not think Woods was homosexual (he was not), and was just joking and giving him a hard time. Read more » about Boh Brothers Construction: the Latest on Same-Sex Harassment