A decision to grant judgment as a matter of law to a nuclear power company on a retaliation claim in a sexual harassment case and vacate a $500,000 punitive damages award has been upheld by a federal appeals court.
A divided U.S. Court of Appeals for the Second Circuit said Southern District Judge Cathy Seibel (See Profile) was on solid ground when she ruled in favor of Entergy Nuclear Operations Inc., and against Indian Point security officer James Tepperwien, who claimed the company tolerated a hostile work environment and failed to punish Vito Messina for sexually harassing him.
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