30) The Court compared same-sex sexual harassment
to same-race racial discrimination in the workplace, noting that the latter has been held to be prohibited by Title VII.
Feminist legal scholarship has been positively reinvigorated by same-sex sexual harassment
And then came same-sex sexual harassment
cases and Oncale to expose the muddy doctrinal waters.
Until 2001, the courts were unclear as to whether Title VII protects employees from same-sex sexual harassment
45) Moreover, the gender-neutrality of current sexual harassment provisions means that same-sex sexual harassment
is actionable in all jurisdictions.
Evidence of this is apparent in two separate court decisions determining that same-sex sexual harassment
did not have merit (Sauk Rapids-Rice (MN) School District #47, 1993; Seamons v.
Any answer to this question must adequately explain the Supreme Court's Oncale decision, in which the Court recognized that Title VII's prohibition of sex discrimination in employment encompasses same-sex sexual harassment
While the Court did not specifically define the type of conduct that might constitute same-sex sexual harassment
, it did offer several examples.
settled an important issue by holding that same-sex sexual harassment
is forbidden by Title VII of the Civil Rights Act of 1964.
In 1998, the Supreme Court revisited the definition of sexual harassment in four separate cases, answering the questions of (1) whether a claim of same-sex sexual harassment
may be brought, (2) what legal standard should be applied to determine whether employers are liable for sexual harassment committed by workers with supervisory power, and (3) whether a claim of quid pro quo ("this for that") sexual harassment may proceed without showing that the employee submitted to sexual advances or was harmed for refusing such advances.
Prior to this case, that clearly signals a widespread future filing of same-sex sexual harassment
lawsuits, it was thought in several circuits that an action under Title VII was not an appropriate remedy for same-sex harassment.
Asked the Clinton administration for its views on whether same-sex sexual harassment
violates federal law.
Dale Carpenter, Same-Sex Sexual Harassment
Under Title VII, 37 S.
In this section, I want to track the impact of these historical deformations on our understanding of sexual harassment through a discussion of those contradictory instances of same-sex sexual harassment
in the workplace known as horseplay.
While courts have said the law clearly prohibits a gay man or lesbian from sexually harassing a heterosexual coworker, there are few state laws--and no federal law--providing explicit protections for gay or lesbian victims of same-sex sexual harassment
in the workplace.