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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 96-50916
_____________________
MARIE PFAU,
Plaintiff-Appellant,
v.
WILLIAM REED, In His Official Capacity as Director of
the Defense Contract Audit Agency,
Defendant-Appellee.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Texas
_________________________________________________________________
February 8, 1999
ON REMAND FROM THE UNITED STATES SUPREME COURT
Before KING, Chief Judge, DUHÉ and WIENER, Circuit Judges.
PER CURIAM:
This appeal is before us on remand from the United States
Supreme Court for further consideration in light of its recent
decisions in Faragher v. City of Boca Raton, 118 S. Ct. 2275
(1998), and Burlington Industries, Inc. v. Ellerth, 118 S. Ct.
2257 (1998). See Pfau v. Reed, 119 S. Ct. 32 (1998), vacating
125 F.3d 927 (5th Cir. 1997). Having reviewed these decisions
and the parties' supplemental briefs, we reinstate part II(A) of
our prior opinion and AFFIRM the district court's dismissal of
plaintiff-appellant Marie Pfau's claims of intentional infliction
of emotional distress. See Pfau v. Reed, 125 F.3d 927, 932-34

(5th Cir. 1997). The district court should reconsider its
decision to grant summary judgment on Pfau's claims of sexual
harassment in the light of Faragher and Ellerth. Without
intending to limit the scope of that reconsideration, the
district court should address the issue of whether Pete Gonzales
was Pfau's supervisor under Faragher and Ellerth and, if so,
whether the defendant-appellee has established the affirmative
defense outlined in those cases. Further discovery on those
issues may be required. Without in any way intimating our view
as to the merits of Pfau's claims, we VACATE the district court's
grant of summary judgment on Pfau's sexual harassment claims and
REMAND this case to the district court for further proceedings.
AFFIRMED in part; VACATED and REMANDED in part. Each party
shall bear its own costs.
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