GARDNER v. CLC OF PASCAGOULA, L.L.C.

No. 17-60072.

915 F.3d 320 (2019)

Kymberli GARDNER, Plaintiff-Appellant v. CLC OF PASCAGOULA, L.L.C., Doing Business as Plaza Community Living Center, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

REVISED February 7, 2019.


Attorney(s) appearing for the Case

Daniel Myers Waide, Esq. , Johnson, Ratliff & Waide, Hattiesburg, MS, for Plaintiff-Appellant.

Lamar Bradley Dillard, Esq. , John Gwin Wheeler, Esq. , Mitchell, McNutt & Sams, P.A., Tupelo, MS, for Defendant-Appellee.

Before KING, DENNIS, and COSTA, Circuit Judges.


The opinion previously issued in this case is withdrawn, and the following opinion is substituted in its place.

Claims of sexual harassment typically involve the behavior of fellow employees. But not always. Because the ultimate focus of Title VII liability is on the employer's conduct—unless a supervisor...

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