E.E.O.C. v. BOH BROS. CONST. CO., L.L.C.

No. 11-30770.

731 F.3d 444 (2013)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff — Appellee, v. BOH BROTHERS CONSTRUCTION COMPANY, L.L.C., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 27, 2013.


Attorney(s) appearing for the Case

Paul D. Ramshaw (argued), U.S. Equal Employment Opportunity Commission, Office of General Counsel/Appellate Services, Washington, DC, Gregory Thomas Juge , Equal Employment Opportunity Commission, New Orleans District Office, New Orleans, LA, James P. Sacher , U.S. Equal Employment Opportunity Commission, Houston District Office, Houston, TX, for Equal Employment Opportunity Commission Plaintiff — Appellee.

Walter W. Christy (argued), Coats, Rose, Yale, Ryman & Lee, P.C., New Orleans, LA, Jacob C. Credeur , Attorney, Coats, Rose, Yale, Ryman & Lee, P.C., New Orleans, LA, Erin Rebekka Wedge Latuso , Coats, Rose, Yale, Ryman & Lee, P.C., New Orleans, LA, for Boh Brothers Construction Company, L.L.C, Defendant — Appellant.

Murphy J. Foster (argued), III, Esq. , Breazeale, Sachse & Wilson, L.L.P., Baton Rouge, LA, Leo Charles Hamilton , Breazeale, Sachse & Wilson, L.L.P., Baton Rouge, LA, Yvonne R. Olinde, Esq. , Breazeale, Sachse & Wilson, L.L.P., Baton Rouge, LA, for Louisiana Associated General Contractors, Incorporated, Amicus Curiae.

Kenneth Dale Upton, Jr. , Lambda Legal Defense & Education Fund, Incorporated, Dallas, TX, for Lambda Legal Defense and Education Fund, Amicus Curiae.

Before STEWART, Chief Judge, and KING, JOLLY, DAVIS, JONES, SMITH, DeMOSS, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, and HIGGINSON, Circuit Judges.


JENNIFER WALKER ELROD, Circuit Judge, joined by STEWART, Chief Judge, and KING, DAVIS, DENNIS, PRADO, SOUTHWICK, HAYNES, GRAVES, and HIGGINSON, Circuit Judges:

This Title VII case arises out of alleged sexual harassment by Chuck Wolfe, the superintendent of an all-male crew on a construction site operated by Boh Bros. Construction Company ("Boh Brothers"). During a three-day jury trial, the Equal Employment Opportunity Commission ("EEOC") presented evidence that Wolfe...

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