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Employees Need Not Contemporaneously Experience Harassment to Bring a Claim

May 18, 2022


Sexual harassment is typically thought of as unwelcome conduct directed toward or in the presence of an individual because of their sex. But what if the individual has no knowledge of the sexual harassment until years later? An employee need not contemporaneously experience harassment to bring a claim under Title VII of the Civil Rights Act of 1964, according to the 5th U.S. Circuit Court of Appeals.

The city of Houston employed the plaintiff as a firefighter in the Houston Fire Department. In 2008, a male co-worker found a nude video of the plaintiff that she had made for her husband and brought it to the attention of the district chief. However, neither party reported the video to HR.

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