NCJ Number: 205194
Title: Revisting Same-Sex Sexual Harassment After Oncale: Toward a New Theory on Harassment, Part I
Journal: Crime Victims Report Volume:8 Issue:1 Dated:March/April 2004 Pages:7-8,13,14
Author(s): Jorge Jacobo; Roslyn Myers
Date Published: March 2004
Annotation: This first in a series on same-sex sexual harassment and its
place in the legal world reviews recent news articles on same-sex
harassment generally and same-sex sexual harassment and then
summarizes relevant court cases that have evolved out of Title
VII actions.
Abstract: The cases of same-sex harassment in the news include incidents of
high school hazing of male students, the hazing of female high
school students, and an assault stemming from same-sex harassment
between firefighters at their place of employment. Claimants of
harassment in the employment setting can file suit under Title
VII. Claimants of harassment in the school setting can file suit
under Title IX. This article focuses on cases brought under Title
VII, which prohibits an employer from fostering conditions under
which employees are harassed because of their race, color,
religion, sex, or national origin. Three categories of sexual
harassment cases have evolved out of Title VII actions: qui pro
quo, hostile work environment, and gender stereotyping. Under the
category of qui pro quo cases, the first such case involved the
termination of a female employee for refusing the sexual advances
of her supervisor. The district court held that the requirement
to provide sexual consideration as a condition of employment
creates an artificial barrier to employment applied to members of
one sex but not the other, thereby constituting sex discrimination. Under the category of cases that have focused on hostile work environment, the courts have held that Title VII prohibits severe or pervasive harassing conduct based on sex as determined from the perspective of a reasonable person. Regarding sexual harassment based on gender stereotyping, the court held in Price Waterhouse v. Hopkins (1989) that sex discrimination was
involved in the failure to promote a woman because she failed to
exhibit the qualities of a stereotypical female. Regarding
same-sex sexual harassment claims under Title VII, the first
predominant case was heard by the U.S. Supreme Court in Oncale v.
Sundowner (1998). In this case Oncale alleged that he was
harassed by coworkers and his supervisor on an offshore oil rig
when he was restrained while one employee placed his penis on
Oncale's neck, when he was threatened with homosexual rape, and
when a bar of soap was forced into his anus in the shower. No
remedial actions were taken when Oncale complained to supervisory
personnel. The Court held that employment discrimination under
Title VII protects men as well as women, that a male can discriminate against another male, that Title VII does not categorically exclude same-sex harassment claims, and that Title VII prohibits conduct so severe and pervasive as to create an
objectively hostile or abusive work environment based upon the
totality of the circumstances. The Court's ruling in Oncale spawned numerous conflicting rulings in the lower courts. This article summarizes court rulings in relevant cases in the First
Circuit, Second Circuit, Fourth Circuit, Seventh Circuit, Eighth
Circuit, Ninth Circuit, Eleventh Circuit, and the District of Columbia.
Main Term(s): Victims rights
Index Term(s): Civil proceedings; Employer-employee relations; Federal courts; Federal legislation; Gender issues; Homosexuality; Sex discrimination; Sexual harassment; US Supreme Court decisions; Victims rights
Page Count: 4
Format: Article
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
To cite this abstract, use the following link: http://www.ncjrs.gov/App/publications/abstract.aspx?ID=205194
. A title search of
WorldCat, the world's largest library network, will start when you click
"Continue." Here you will be able to learn if libraries in your community have the document you need. The results will open in a new browser and your NCJRS session will remain
active for 30 minutes. Learn More.
