In a decision that may make it easier for plaintiffs to survive summary judgment with their sexual-harassment retaliation claims, the U.S. Court of Appeals for the Fifth Circuit has reversed a trial court decision dismissing a female employee’s claim that she was “fired” after complaining that two coworkers “sniffed her in a sexually suggestive manner.”
The background to the Fifth Circuit’s Nov. 21 decision in Royal v. CCC&R Tres Arboles is as follows, according to the opinion.
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