Same-Sex Sexual Harassment – Is it Just “Male-on-Male Horseplay” or Harassment Because of Sex?

In 1998, writing for a unanimous United States Supreme Court, Justice Antonin Scalia held that sex discrimination consisting of same-sex sexual harassment is actionable under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1). Since Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998), employers have struggled to distinguish between sexual horseplay among men in the workplace versus unwanted sexual touching or taunting that occurs because of the employee’s sex.

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Julie Bruch has written several items for The Illinois Association of Defense Trial Counsel Quarterly (IDC Quarterly). The excerpt above is from the original publication. Follow the link above to read the entire article.

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The Illinois law firm of O’Halloran Kosoff Geitner & Cook, LLC (OKGC) is the premier source for sexual harassment prevention training in the State of Illinois. OKGC’s Employment Practices Group has regularly provided live sexual harassment prevention training for employers throughout Illinois for over 25 years.

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