Men can sexually harass men, and women can sexually harass women.
The U.S. Supreme Court has outlined three ways an employee can prove that an incident of same-sex harassment is sex discrimination:
- Show that the harasser made “explicit or implicit proposals of sexual activity,” providing “credible evidence that the harasser was homosexual.”
- Demonstrate that the harasser was “motivated by general hostility to the presence of members of the same sex in the workplace.”
- Show how the harasser treated the sexes differently in the workplace.
Recent case: Rosalind Hairston claimed that her female co-worker sexually harassed her and thatrefused to fix the problem. The court said her case could go forward based on the principles outlined by the Supreme Court. (Hairston v. Green, No. C-08-382, SD TX, 2009)
- Double duty: Regulating moonlighting and following the law
- Balance FMLA and ADA rights to avoid potential trouble
- Can you sue for harassment if no one actually harasses you? 5th Circuit opens the door a crack
- Use 'no-reapplication' clause to settle discrimination cases once and for all
- Chronic Fatigue Syndrome or Just Too Pooped to Work?