Monday, April 17, 2017
Although the decision is marked unpublished, the majority opinion is a detailed signed one by Judge Wilkinson, with Judge Motz concurring. And, there is a partial dissent by Judge Diaz protesting dismissal of plaintiff's sexual harassment claim. The Court affirmed a summary judgment for the employer notwithstanding what appears to be a genuine, plausible and material factual dispute about some fairly gross sexual harassment of the plaintiff. I do not understand why the decision is not a published one. In light of Judge Diaz' partial dissent, I would not be surprised to see a petition for rehearing en banc.
Thanks for sending this, Jon.