The Fifth Circuit Court of Appeals (en banc) ruled that an iron worker who was subjected to gay slurs and simulated sex because he failed to conform to the employer’s male stereotypes was discriminated against under Title VII.
In EEOC v. Boh Bros. Constr. Co., No. 11-30770 (5th Cir. Sept. 27, 2013), the court reviewed the jury’s findings and awarded damages. The Fifth Circuit found that taking the case as a whole, a jury could have found that the employee was harassed because he did not fall under the “manly-man stereotype.”
This case arose when a worker, Kerry Woods, was subjected to sex harassment. Woods was often sexual derogatory terms regarding Woods’ sexuality. In addition, the superintendent also exposed himself when Woods was going to the bathroom, and made sexual innuendo comments to Woods. When these actions were brought to the employer, the superintendent told the general superintendent that he didn’t care for Woods because he was “different” and “didn’t fit in.”
After trial the jury found that this verbal and physical harassment occurred daily. The jury awarded Woods $200,000 in compensatory damages and $250,000 in punitive damages.