Same-sex sexual harassment

Cornell Hotel and Restaurant Administration Quarterly

Volumn 41, Issue 6, 2000, Pages 75-80

  Sherwyn, David S ^a   Kaufman, Ezekiel A ^b   Klausner, Adam A ^b  

^a Department of Obstetrics Gynecology   (United States)

^b and Michaels   (United States)

Author keywords

[No Author keywords available]

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EID: 0034407427     PISSN: 00108804     EISSN: None     Source Type: Journal    
DOI: 10.1177/001088040004100610     Document Type: Article

References (32)

1. 1 David Sherwyn and J. Bruce Tracey, "Sexual-harassment Liability in 1998 - Good News or Bad News for Employers and Employ" ees?," Cornell Hotel and Restaurant Administration Quarterly, Vol. 39, No. 5 (October 1998), pp. 14-21.
2. 2 118 S. Crt. 2257 (1998).
3. 3 118 S. Crt. 2275 (1998).
4. 4 523 U.S. 75; 118 S. Ct. 998 (1998).
5. 5 Catharine A. MacKinnon, Sexual Harassment of Working Women: A Case of Sex Discrimination (New Haven, Yale University Press, 1979).
6. 6 See, for example: Kristine A. Littleton, Feminist Jurisprudence: The Difference Method Makes, 41 Stan. Law. Rev. 751 (1989), which reviews all of Professor MacKinnon's work and discusses its profound influence on legal doctrine and practice.
7. 7 Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), affirming sub nom Vinson v. Taylor, 243 U.S. App. D.C. 323, 753 F.2d 141 (1985).
8. 8 In Ellerth, the court clarified quid pro quo cases by holding that to make the claim, employees had to prove that they had suffered a tangible loss.
9. 9 Meritor at 66 (citing both Rogers, 454 F.2d at 238; and Henson, 682 F.2d. at 904).
10. 10 Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993).
11. 11 Id. at 22.
12. 12 Id.
13. 13 Id. at 24 (A. Scalia, concurring).
14. 14 See: Andrews v. City of Philadelphia, 895 F.2d 1469, 1485 (3d Cir. 1990); Kopp v. Samaritan Health Systems, Inc., 13 F.3d 264, 269 (8th Cir. 1993); Hall v. Gus Construction Co., 842 F.2d 1010, 1014 (8th Cir. 1988); Hicks v. Gates Rubber Co., 833 F.2d 1406, 1415 (10th Cir. 1987); and Bell v. Crackin Good Bakers, Inc., 777 F.2d 1497, 1503 (11th Cir. 1985).
15. 15 Wrightson v. Pizza Hut of America, Inc., 99 F.3d 138 (4th Cir. 1996).
16. 16 Quick v. Donaldson Co, Inc., 90 F.3d 1372, 1377 (8th Cir. 1996).
17. 17 Doe v. City of Belleville, 119 F.3d 563, 570 (7th Cir. 1997).
18. 18 See Id. at 576 and 577. See also: Andrews v. City of Philadelphia, 895 F.2d. 1469 (3d Cir. 1990).
19. 19 Price Waterhouse v. Hopkins, 490 U.S. 228, 109 S. Ct. 1775 (1989). Hopkins was a senior manager at Price Waterhouse, a professional accounting partnership. After she was neither offered nor denied partnership and the partners refused to reconsider her for partnership, she sued Price Waterhouse in Federal District Court under Title VII of the Civil Rights Act of 1964, charging that it had discriminated against her on the basis of sex. The District Court ruled in Hopkins's favor, holding that Price Waterhouse had unlawfully discriminated against her on the basis of sex by consciously giving credence to some partners' comments about her that resulted from sex stereotyping. The Court of Appeals affirmed. Both courts held that an employer who has allowed a discriminatory motive to play a part in an employment decision must prove by clear and convincing evidence that it would have made the same decision in the absence of discrimination. Price Waterhouse could not carry this burden.
20. 20 Garcia v. Elf Atochem North America, 28 F.3d 446 (1994).
21. 21 According to his lawyer, Nick Canady, Oncale's co-workers, including supervisory personnel, grabbed him, held him, unzipped their trousers and exposed themselves, and threatened to have sex with him. Oncale claimed he was in a shower when these same men got in the shower stall with him, restrained him, and sexually assaulted him using a bar of soap.
22. 22 Oncale v. Sundowner Offshore Services, 479 U.S. 806, 140 L. Ed. 2d 201 (1998).
23. 23 Id.
24. 24 Sherwyn and Tracey, p. 18.
25. 25 Holman v. Indiana, 24 F. Supp. 2d 909; (N. D. In. 1998). In late 2000, the Seventh Circuit upheld the lower court's ruling (211 F. 3d 399 [7th Cir. 2000] cert. denied 121 S. Ct. 191).
26. 26 Holman v. Indiana, op. cit.
27. 27 Id.
28. 28 Romero v. Caribbean Restaurants, Inc., 14 F. Supp. 2d 185 (D. Pr. 1998).
29. 29 Id. at 189.
30. 30 Id. at 190.
31. 31 Sherwyn and Tracey, p. 21.
32. 32 Johnson v. Hondo, Inc., 125 F.3d 408 (7th Cir. 1997).