# Shepherd v. Slater Steels Corp.

> Court of Appeals for the Seventh Circuit · February 19, 1999 · 168 F.3d 998

URL: https://www.frixlaw.com/law-library/cases/6981873

## Case

- **Full name:** Lincoln SHEPHERD, Jr. v. SLATER STEELS CORPORATION, Fort Wayne Specialty Alloys Division
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** February 19, 1999
- **Citations:** 168 F.3d 998; 75 Empl. Prac. Dec. (CCH) 45,824; 79 Fair Empl. Prac. Cas. (BNA) 311; 1999 U.S. App. LEXIS 2621; 1999 WL 80735
- **Precedential status:** Published
- **Opinion:** Dissent by Bauer
- **Judges:** Bauer, Ripple, Rovner
- **Cited by:** 100 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6981873

## How later opinions describe it (automated extraction)

- holding summary judgment improper where same-sex harasser complimented the plaintiffs physical appearance, requested oral and anal sex, touched himself in the plaintiffs presence, and exposed himself to the plaintiff
- holding that witness may clarify ambiguous or incomplete deposition testimony
- finding that Oncale’s examples were illustrative, not exhaustive

## Opinion text

BAUER, Circuit Judge,
dissenting.
I respectfully dissent. While not being willing to tackle the lengthy and very fact-specific opinion on a page-by-page or encounter-by-encounter basis, I believe the district court was absolutely correct; the undisputed facts show that the hostile work environment was not a gender-based hostility. The obnoxious, crude and outrageous behavior the plaintiff complains of was directed at male and female alike; it was offensive to male and female alike. It is even offensive in the repeating. Nevertheless, Shepherd has failed to meet the requirement of a prima facie sexual harassment case based on a hostile work environment.
I join that position of the opinion which affirms the district court’s dismissal of the retaliatory firing claim. As to the rest, I would adopt the quite persuasive opinion of the trial judge.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6981873. Public record. Not legal advice.