Same-sex sexual harassment in the workplace is a serious issue that is fully actionable under federal law. Just as the protections afforded by Title VII of the Civil Rights Act of 1964 extend to victims of opposite-sex harassment, so do they extend to victims of same-sex harassment in the workplace.
In addition to the legislative foundation for these protections, the landmark Supreme Court case, Oncale v. Sundowner Offshore Services, Inc., significantly clarified that Title VII’s protection against sexual harassment applies regardless of whether the harasser and the victim are of the same sex. The Court recognized that sexual harassment is fundamentally an issue of unlawful discrimination and a violation of one’s civil rights.
What same-sex workplace harassment looks like
Sexual harassment in a same-sex context can manifest in various forms. If harassment is sexual in nature, or targets a worker due to their sex, gender or sexual orientation, chances are that it is actionable. It also encompasses situations where harassment creates a hostile work environment.
Recognizing same-sex sexual harassment requires an understanding that harassment does not always conform to traditional gender roles or heterosexual norms. It can occur between any two people and can be motivated by any number of factors, including but not limited to, sexual desire. For example, it may involve inappropriate physical contact or comments, which are unwanted and affect the victim’s work environment or sense of safety and dignity at work.
Victims of same-sex sexual harassment have the right to seek legal redress. This may involve filing a complaint with the Equal Employment Opportunity Commission (EEOC) and/or legal action in the courts. Legal claims can lead to remedies including compensatory and punitive damages, and in some cases, reinstatement or promotion if wrongful termination or demotion occurred as a result of the harassment.