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KEETON v. FLYING J, INC.

No. 04-6023.

429 F.3d 259 (2005)

Kyle KEETON, Plaintiff-Appellee, v. FLYING J, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 17, 2005.

Attorney(s) appearing for the Case

ARGUED: Robert B. Worley, Jr., Jones, Walker, Waechter, Poitevent, Carrete & Denegre, New Orleans, Louisiana, for Appellant. R. Gary Winters, McCaslin, Imbus & McCaslin, Cincinnati, Ohio, for Appellee. ON BRIEF: Robert B. Worley, Jr., Shelley M. Sullivan, Jones, Walker, Waechter, Poitevent, Carrete & Denegre, New Orleans, Louisiana, for Appellant. R. Gary Winters, McCaslin, Imbus & McCaslin, Cincinnati, Ohio, for Appellee.

Before: GUY, BATCHELDER, and GILMAN, Circuit Judges.

GUY, J., delivered the opinion of the court, in which BATCHELDER, J., joined.

GILMAN, J. (pp. 266-275), delivered a separate dissenting opinion.

OPINION

RALPH B. GUY, JR., Circuit Judge.

In this sexual harassment case, defendant Flying J, Inc. appeals from a jury verdict finding it liable for supervisory sexual harassment resulting in a tangible employment action. Flying J argues that there was no tangible employment action when it fired...

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