The court held that because the harassment was among men, all of whom were heterosexual, he could not sue for sexual harassment. If it could be shown that the harassment was because of his disabilities, perhaps he could sue under the Ameicans with Disabilities Act. In many states, including California, he would not be able to sue for intentional infliction of emotional distress. His exclusive remedy would be to make a claim for workers compensation. In other states, such as Oregon and South Carolina, he would be able to sue for intentional infliction of emotional distress against his co-workers as individuals, and against his employer if the employer knew the actions were occurring.
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