Recent Development by Erin J. Law
Joseph Oncale was employed by Sundowner Offshore Services, Inc. on an offshore oil rig from August through November 1991. During that time, Oncale alleges that he was repeatedly sexually harassed, threatened, and assaulted by his immediate supervisor, John Lyons, and by two coworkers, Danny Pippen and Brandon Johnson. Oncale resigned from his position because of the harassment, and upon leaving requested his employer to record that “he ‘voluntarily left due to sexual harassment and verbal abuse.”’ Oncale subsequently filed suit against Sundowner under Title VII of the Civil Rights Act of 1964, asserting that he was subjected to both quid pro quo and hostile work environment sexual harassment. The United States District Court for the Eastern District of Louisiana, hearing the defendants' motion for summary judgment, held that “Oncale, a male, [had] no cause of action under Title VII for harassment by male coworkers.”
The United States Court of Appeals for the Fifth Circuit affirmed the district court's decision, and concluded that same-sex sexual harassment was not actionable under Title VII. In a unanimous decision, the United States Supreme Court reversed and held that sex discrimination in the form of sexual harassment between members of the same sex is actionable under Title VII of the Civil Rights Act of 1964. Oncale v. Sundowner Offshore Services, Inc., 118 S. Ct. 998, 1003 (1998).
About the Author
Erin J. Law.
Citation
73 Tul. L. Rev. 723 (1998)