Legal Opinion

Kyle Keeton v. Flying J, Inc.

Court of Appeals for the Sixth Circuit

Decided November 17, 2005No. 04-6023PublishedCited by 44 opinions

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…

2Cases cited14 opinions

  1. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  2. Faragher v. City of Boca RatonSupreme Court of the United States · 1998
  3. Burlington Industries, Inc. v. EllerthSupreme Court of the United States · 1998
  4. Linda M. Kocsis v. Multi-Care Management, Inc., D/B/A Bath Manor Special Care CentreCourt of Appeals for the Sixth Circuit · 1996
  5. Thomas E. Bowman v. Shawnee State University Jessica J. JahnkeCourt of Appeals for the Sixth Circuit · 2000

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3Cited by44 opinions

  1. Spengler v. Worthington CylindersCourt of Appeals for the Sixth Circuit · 2010
  2. Shultz v. Congregation Shearith Israel of New YorkCourt of Appeals for the Second Circuit · 2017
  3. Robert Deleon v. Kalamazoo County Road Comm'nCourt of Appeals for the Sixth Circuit · 2014
  4. Johnson Controls, Inc., Plaintiff-Appellee/cross-Appellant v. Jay Industries, Inc., Defendant-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 2006
  5. Cunningham v. Tennessee Cancer Specialists, PLLCDistrict Court, E.D. Tennessee · 2013

39 more not listed; retrieve them via the Exa API.

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