The Scope of Title VII: Same-Sex Harassment to Sexual Violence

Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com.

Does Title VII protect men from sexual harassment? What about same-sex harassment?

Anyone can be a victim of sexual harassment. Sexual harassment is not limited by gender. The victim or the perpetrator may be a man or a woman, and his or her victim does not have to be of the opposite sex for Title VII to apply. So, a man might harass another man, and a woman might harass another woman.

Additionally, perpetrators can be anyone in the workplace, the term is not limited to direct supervisors. Behavior may still be considered sexual harassment regardless of whether the perpetrator is a direct supervisor, a co-worker, a supervisor in another area, or potentially a person not employed in the victim’s workplace. Similarly, a victim of sexual harassment does not necessarily have to be the person directly being harassed; the victim could be an employee who is indirectly but negatively affected by the conduct.

In the end, it is possible for males to sexually harass other males, and females can sexually harass other females. The key question the law asks is whether the conduct itself would have occurred if the victim had been of a different sex: is a male harasser harassing a male employee in a way that he would not harass a female – or is a female harasser harassing a female employee in a way that she would not harass a male employee? This important conclusion was reached by a unanimous U.S. Supreme Court several years ago in the case of Oncale v. Sundowner Offshore Services, Inc. 

The sexual orientation of either the harasser or victim is not the only relevant factor to this analysis, as harassing conduct does not have to be motivated by sexual desire. It can also be demonstrated through the harasser's general hostility to one sex, or evidence showing that the alleged harasser in fact targeted only one sex.

What is sexual violence in the workplace?

Sexual violence is divided into three categories:

(1) use of physical force to compel a person to engage in a sexual act against his or her will, whether or not the act is completed;

(2) attempted or completed sex act involving a person who is unable to understand the nature or condition of the act, to decline participate, or to communicate unwillingness to engage in the sexual act, e.g., because of illness, disability, or the influence of alcohol or other drugs, or because of intimidation or pressure; and

(3) abusive contact.

Given the dynamics of the working environment and the potential for intimidation based upon power relations between employees and their supervisors or as between co-workers, sexual violence in the workplace is a real problem. The United States Department of Justice estimates that eight percent of all rapes occur while the victim is working.

Who is covered by the law?

Title VII covers all private employers, state and local governments, and educational institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training.

Many states also make it illegal to discriminate on the basis of sex; some even require a fewer number of employees for harassment claims than are required for other types of discrimination claims. For more information, please see our page on the minimum number of employees needed to file a claim under your state law.

If you feel you have been mistreated by your employer or in your place of employment and would like to explore your employment law options, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.

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Source- http://www.workplacefairness.org/sexual-harassment-legal-rights