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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. CROMER FOOD SERVICES, INCORPORATED

No. 10-1476.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. CROMER FOOD SERVICES, INCORPORATED, Defendant-Appellee. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. CROMER FOOD SERVICES, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 3, 2011.

Attorney(s) appearing for the Case

ARGUED: Corbett Anderson , U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Washington, D.C., for Equal Employment Opportunity Commission. Sarah Ganss Drawdy , THE DRAWDY LAW FIRM, LLC, Anderson, South Carolina, for Cromer Food Services, Incorporated.

ON BRIEF: P. David Lopez , General Counsel, Carolyn L. Wheeler , Acting Associate General Counsel, Lorraine C. Davis , Assistant General Counsel, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Washington, D.C., for Equal Employment Opportunity Commission.

Vacated and remanded by unpublished opinion. Judge Gregory wrote the opinion, in which Judge Motz and Judge King joined.

Unpublished opinions are not binding precedent in this circuit.

GREGORY, Circuit Judge:

This case involves alleged sexual harassment in violation of Title VII of the Civil Rights Act of 1964. Homer Ray Howard, an employee of Cromer Food Services ("CFS"), claimed to suffer a daily barrage of lewd comments and gestures by employees of CFS' biggest client. Rather than intervene, CFS told him there was nothing that could be done because the harassers...

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