The 5th Cir has been the leader in the US on taking the country back and making it great again by allowing women to be sexually harassed by bosses and co-workers and stating it is just “sexual teasing” and the women should learn to grin and take it.
Ivey v. Brennan, (5th Cir. May 16, 2019) A supervisor’s repeated comments (allegedly “too many to count”) to the plaintiff that her direct supervisor desired a sexual relationship with her were not “severe or pervasive” as a matter of law. Therefore, the court affirmed summary judgment against the employee’s Title VII sexual harassment claim. However, the worst part of this case was the 5th Cir. proud statement that the Plaintiff had to rely on opinions from other Circuits because the 5th Cir has held it is not sexual harassment where: 1) remarked to plaintiff about another coworker’s body, 2) slapped plaintiff once on the behind with a newspaper, 3) “grabbed or brushed” plaintiff’s breasts and behind, 4) held plaintiff’s cheeks and tried to kiss her, 5) asked plaintiff to get to the office early so they could be alone, and 6) stood in the door of the bathroom while plaintiff washed her hands); 7) coworker made offensive comments about plaintiff’s body; 8) stood over plaintiff’s desk on several occasions and tried to look down her clothing; 9) several times touched her arm, including rubbing his hand along her arm, and 10) on two occasions patted his lap and said, “Here’s your seat.”
The Court went on to state that all of this is just “simple teasing” and “offhand comments”. It is important to remember that this is the the Court that covers Texas and the only appeal is to the United State Supreme Court. The Trump administration has appointed many of these Justices on the 5th Cir. and they are fulfilling their goad to take America back to the age where sexual harassment and racial discrimination is accepted as just part of life.