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WALLACE v. PERFORMANCE CONTRACTORS, INC.

No. 21-30482.

57 F.4th 209 (2023)

Magan WALLACE, Plaintiff-Appellant, v. PERFORMANCE CONTRACTORS, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED January 3, 2023.

Attorney(s) appearing for the Case

James Edward Sudduth, III, Esq. , Kourtney Lanea Kech, Esq. , Pierce Alexander Rapin , Sudduth & Associates, L.L.C., Lake Charles, LA, Roberta Ann Kaplan , Dennis Brandon Trice , Kaplan, Hecker & Fink L.L.P., New York, NY, Joshua Adam Matz , Raymond P. Tolentino , Kaplan Hecker & Fink, L.L.P., Washington, DC, Madeline Meth , Brian Wolfman , Georgetown Law Appellate Courts Immersion Clinic, Washington, DC, for Plaintiff-Appellant.

Murphy J. Foster, III, Esq. , Alexandra Cobb Hains , Attorney, Catherine M. Maraist , Assistant U.S. Attorney, Jerry L. Stovall, Jr. , Breazeale, Sachse & Wilson, L.L.P., Baton Rouge, LA, for Defendant-Appellee.

James Mark Tucker , U.S. Equal Employment Opportunity Commission, Office of General Counsel/Appellate Services, Washington, DC, for Amicus Curiae Equal Employment Opportunity Commission.

Before Davis, Elrod, and Haynes, Circuit Judges.

Magan Wallace worked for a construction company. She sued under Title VII alleging sex discrimination, sexual harassment, and retaliation. The district court granted summary judgment to the construction company. Because we conclude that Wallace has raised genuine material fact issues on each claim, we REVERSE...

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