Kyle Keeton v. Flying J, Inc.
Court of Appeals for the Sixth Circuit
1Opinion of the CourtGuy, J., joined by Batchelder, J.,
GILMAN, J. (pp. 266-275), delivered a separate dissenting opinion.
OPINION
RALPH B. GUY, JR., Circuit'Judge.
In this sexual harassment case, defendant Flying J, Inc. appeals from a jury verdict finding it liable for supervisory sexual harassment resulting in a tangible employment action. Flying J argues that there was no tangible employment action when it fired but then re-hired plaintiff Kyle Keeton the same day and when it laterally transferred Keeton to a different location. For the reasons explained below, we conclude that the termination was not a tangible employment action but that a…
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