Opinion

Richard GARZIANO, Plaintiff-Appellee, v. E.I. DU PONT DE NEMOURS & CO., Defendant-Appellant

  • 818 F.2d 380
  • 43 Fair Empl. Prac. Cas. (BNA) 1790
  • 2 I.E.R. Cas. (BNA) 272
  • 43 Empl. Prac. Dec. (CCH) 37,171
  • 1987 U.S. App. LEXIS 7089
Court
Court of Appeals for the Fifth Circuit
Filed
Jun 3, 1987
Status
Published
Author
Garwood
On the bench
Garza, Williams, Garwood
Cited by
48 cases

finding that the statement of one of the defendant’s supervisors that there was “talk” about plaintiffs termination in a neighboring town was insufficient to show that information was communicated outside the protected circle of privilege

How later courts described this case

  • finding that the statement of one of the defendant’s supervisors that there was “talk” about plaintiffs termination in a neighboring town was insufficient to show that information was communicated outside the protected circle of privilege
  • stating that “federal law imposes a specific duty upon émployers to protect the workplace and the workers from sexual harassment, including redressing known occurrences of sexual harassment”
  • noting that “[a]ll employees, not just supervisors, are subject to discharge for sexual harassment” and therefore have a legitimate interest in their employer’s sexual harassment policy
  • recognizing that state and federal laws “condemn sexual harassment as a matter of public policy”

Written by the judges who cited it.

The opinion

*397 GARWOOD, Circuit Judge,

concurring:

With respect to malice, although I am inclined to believe that the evidence as recited in Judge Garza’s opinion is sufficient to present a question for the jury, I agree that the remand need not embrace that issue since, as Judge Garza points out, the jury found against the plaintiff on that matter. In all other respects, I join in Judge Garza’s persuasive opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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