Same Sex Sexual Harassment

Gar

Over the past 5 or so years I've heard conflicting opinions. But, is same sex sexual harassment actionable under Title VII?

Richard Rainey NC

Yes. The US Supreme Court in the Oncale decision made clear that same sex harassment is actionable.

Gar

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

System

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]