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Eleventh Circuit Nixes Sex Harassment Claims

By Alyson M. Palmer

Late last year, the Eleventh U.S. Circuit Court of Appeals issued an opinion that the lawyer for the plaintiffs in the case says virtually eliminates sexual harassment claims in the federal courts for Georgia, Alabama and Florida.

That may be an overstatement, but the dissent of a visiting district court judge from Florida suggests that the opinion of the panel fails to allow claims over the sort of conduct that reasonable people have come to expect they will be protected from in the workplace. The panel ruled that two former male Home Depot employees do not have a sexual harassment claim against the company, despite evidence that a male manager made comments suggesting he was sexually attracted to them and touched them in arguably inappropriate ways.

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