Monday, March 25, 2013
A male food industry worker in New York presented sufficient evidence to prove he was sexually harassed by a male supervisor, the U.S. Court of Appeals for the Second Circuit held Feb. 25, reviving his sex discrimination claims under Title VII of the 1964 Civil Rights Act and state law Barrows v. Seneca Foods Corp., ____F.3d____(2d Cir. 2/25/13 ).
A reasonable jury could conclude that plaintiff was subjected to same-sex sexual harassment by one of his supervisors at Seneca Foods Corp. The 2d Circuit held that a lower court erred in deciding that the s alleged harassment, which purportedly included requesting a “blowjob” and touching the genitals of Barrows and other male employees, was not based on sex.