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Non-Sexual, Rude Manager Behavior Can Cause a Sexual Harassment Lawsuit

MSK Client Alert
September 2005

According to a recent decision of the U.S. Court of Appeals for the Ninth Circuit, which hears appeals from federal district courts in California, “equal opportunity harassment” might be a thing of the past. A Ninth Circuit panel of three judges held that employers can be held liable for general crude and insensitive workplace behavior that disproportionately affects one gender and that the disproportionate effect can be an emotional one only.

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