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- Title
Same-Sex Sexual Harassment After Oncale: Meeting the "Because of…Sex" Requirement.
- Authors
Diefenbach, Clare
- Abstract
The article examines the way in which courts applied the "because of ... sex," requirement from Title VII of Oncale v. Sundowner Offshore Services Inc. Three evidentiary routes in establishing same-sex sexual harassment were discussed. The difficulties facing courts in handling harassment cases based on the plaintiff's sexual orientation is analyzed. The author concludes that a plaintiff could help courts in understanding discrimination of "because of ... sex" by proposing a motivation for their harassment.
- Subjects
SEXUAL harassment; LGBTQ+ partner abuse; ONCALE v. Sundowner Offshore Services Inc. (Supreme Court case); SUNDOWNER Offshore Services Inc.; SEX discrimination; ACTIONS &; defenses (Law)
- Publication
Berkeley Journal of Gender, Law & Justice, 2007, Vol 22, p42
- ISSN
1933-1045
- Publication type
Article