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Same Sex Sexual Harassment

GarGar 347 Posts
in HR & Employment Law Vote Up0Vote Down
Over the past 5 or so years I've heard conflicting opinions. But, is same sex sexual harassment actionable under Title VII?


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  • 3 Comments sorted by Votes Date Added
  • Richard Rainey NCRichard Rainey NC 8 Posts
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    Yes. The US Supreme Court in the Oncale decision made clear that same sex harassment is actionable.


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  • GarGar 347 Posts
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    Thanks for the speedy response but, what was the "Oncale decision" about and when did the supremes make the ruling?


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  • SystemSystem 5,885 Posts
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    The Oncale decision was issued in early 1998. It involved a bunch of male workers on an oil rig. One male worker alleged extremely severe sexual harassment from other male workers (we're talking really nasty stuff here). The court said that if he was harassed because he was a man (in other words, the harassers would not have treated a woman that way), then he could sue even if the harassers were also men. The sexual orientation of the harassers and the victim were irrelevant.

    The case citation is
    Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998).

    Let me know if you have any questions.

    Julie Athey
    Senior Attorney Editor
    M. Lee Smith Publishers
    [email]jathey@mleesmith.com[/email]


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