"Bagging" or "goosing": how the courts are ruling in same-sex sexual harassment claims

Article Abstract:

The US Supreme Court has yet to address whether same-sex sexual harassment is covered under Title VII and the lower courts have not provided a unified position despite the Equal Employment Opportunity Commission saying it is actionable. Court rulings have mainly been split on whether or not sexual harassment is gender-based or to do with sexual relations. Employers should expand their sexual harassment policies to include both hetero- and homosexual same-sex harassment because of the potentiality for liability and to prevent productivity losses due to a hostile work environment.

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From construct to cases: the emergence of the obnoxious employee defense

Article Abstract:

Law scholars have explored the ramifications of a bisexual harasser in sexual harassment litigation for some time, but recent cases have seen the obnoxious employee defense in actual use. However, courts have not supported the obnoxious employee defense as immunity from sexual harassment charges because of a move away from the but/for approach toward a conduct focus and the victim's perspective regardless of the victim's gender. Courts are also exploring the breadth of the definitions of sex as far as meaning both gender and sexual orientation.

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Defining "sex" in same-sex sexual harassment: the opinions of the federal courts

Article Abstract:

Whether Title VII extends to same-sex harassment will be addressed by the US Supreme Court in the 1997-1998 session because federal courts are divided, though there is a trend toward allowing the actions. The issue involves the definition of sex as gender or sexual behavior and whether the gender or sexual orientation of the aggressor should be considered. The Supreme Court is likely to allow same-sex harassment actions if it follows its previous decisions, which were gender neutral.

Other Justice, Public Order, and Safety Activities, Equal Protection-Employment, Employment, Equal protection, Employment discrimination

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