Interview with Louisa Gibbs on EEOC v. Boh Bros

Today, we are joined by Louisa Gibbs, the New England Law Review’s former Executive Online Editor and a recent graduate of New England Law | Boston, to discuss her Comment entitled “EEOC v. Boh Brothers Construction Co.: Expanding Same-Sex Sexual Harassment Jurisprudence Beyond Sexual Desire,” which will be published in Volume 48, Book 4. Her Comment discusses the Fifth Circuit’s EEOC v. Boh Brothers Construction Co. decision, in which the court found the evidence sufficient to establish Title VII same-sex sexual harassment based on sex stereotyping. She argues that although the Fifth Circuit was ultimately correct, the Court was incorrect in failing to utilize its sister circuits’ views in the decision and, instead, simply focusing on the evidence. She argues that the Fifth Circuit’s analysis would have been much stronger had it addressed or even acknowledged that the Sixth and Ninth Circuits have strong arguments supporting and opposing same-sex sexual harassment. In its shortcomings, the Fifth Circuit therefore failed to provide adequate judicial protections for men subject to same-sex sexual harassment.