Same-Sex Sexual Harassment Claims
Sexual harassment in the workplace has traditionally been viewed as inappropriate conduct between male and female employees. This narrow view has now become antiquated with federal law that is very clear: sexual harassment in the workplace is illegal, no matter the gender of the parties involved.
The leading case that helped expand the horizon was the United States Supreme Court case of Oncale v. Sundowner Offshore Servs., Inc. The case was brought by Joseph Oncale, an employee who worked for Sundowner Offshore Services, Inc. on an oil platform in the Gulf of Mexico. On multiple occasions, Oncale was sexually harassed, including being threatened with rape, by other male employees. Eventually, Oncale quit his job and filed a lawsuit alleging that he was discriminated against because of his sex under federal law.
In a rather short opinion by Justice Scalia, the Supreme Court agreed that Oncale was entitled to his day in court, even though his tormentors were of the same sex. Key to that opinion was Justice Scalia’s observation that federal employment discrimination law protects both men and women and that a sexual harassment victim should not be ignored merely because the alleged harasser is of the same sex.
The bottom line is this: employers and human resources professionals should not dismiss sexual harassment complaints merely because of the genders of the parties involved. All complaints are worthy of serious investigation. Further, employers should make sure that their sexual harassment policies address same-sex conduct.
Attorney Brett M. Waldron supports the Employment Law Group and handles matters relating to unfair labor practices under the National Labor Relations Act.
