Google Screened

Are You in the Healthcare Field?

Find Out How We Can Help »
[et_social_follow icon_style="slide" icon_shape="rectangle" icons_location="top" col_number="1" outer_color="dark"]
Millions Recovered For Our Clients No Fees Unless We Win

Can a Same-Sex Harassment Case Be Pursued Under Sexual Harassment Laws?

November 28th, 2023
A Bucks County Sexual Harassment Lawyer at The Gold Law Firm P.C. Can Help if You Are Experiencing Same-Sex Sexual Harassment

Sexual harassment is a pervasive issue in workplaces around the globe. However, there is often an assumption that it involves members of the opposite sex. What about same-sex harassment?

In many jurisdictions, sexual harassment laws are designed to protect workers from unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects an individual’s employment, interferes with work performance or creates a hostile work environment.

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees based on sex, race, color, national origin, and religion. This has been interpreted by courts to include protection against sexual harassment.

The question here is whether these laws apply to same-sex harassment. The answer is yes. In the 1998 landmark case of Oncale v. Sundowner Offshore Services Inc., the Supreme Court held that Title VII’s prohibition of sex discrimination applies to harassment by individuals of the same sex. This ruling effectively extended the scope of sexual harassment laws to include same-sex harassment.

Examples of Same-Sex Sexual Harassment at Work

  • Unwanted advances: If a male employee constantly makes unwelcome sexual comments or advances towards another male coworker, this can be classified as same-sex sexual harassment, regardless of the harasser’s sexual orientation.
  • Hostile work environment: A female manager who continuously makes derogatory remarks about a female employee’s appearance or sexuality can be guilty of creating a hostile work environment.
  • Retaliation: If a worker faces negative consequences, like being passed over for promotions after rejecting the sexual advances of a same-sex coworker or supervisor, this can be considered same-sex sexual harassment.

Two Types of Sexual Harassment

Sexual harassment generally falls under two categories:

  • Quid pro quo: This occurs when a job benefit is directly tied to an employee submitting to unwelcome sexual advances—for example, a supervisor promising a promotion in exchange for sexual favors.
  • Hostile work environment: This type of harassment occurs when an employee is subjected to offensive, intimidating, or oppressive behavior that’s so severe or pervasive that it alters the conditions of their employment and creates an abusive working environment. For instance, a coworker continuously sharing explicit content can create a hostile work environment.

Recourse for Victims of Sexual Harassment

Victims of sexual harassment, including same-sex harassment, have various options for recourse. They can file a complaint with their employer, seek mediation, or file a lawsuit. Workers can also file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC will then investigate the claim and seek recourse on behalf of the employee.

A Bucks County Sexual Harassment Lawyer at The Gold Law Firm P.C. Can Help if You Are Experiencing Same-Sex Sexual Harassment

Sexual harassment at work happens all too frequently. If you have faced same-sex sexual harassment at work, speak with a Bucks County sexual harassment lawyer at The Gold Law Firm P.C. Call us at 215-569-1999 or contact us online to schedule your free consultation. Located in Philadelphia and Pennsauken, New Jersey, we serve clients in South Jersey and Southeastern Pennsylvania, including Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, Montgomery County, and Cherry Hill.

View All Practices
2019 American Trail Lawyers badge
Lead Counsel Rated
life time achievement
million dollar advocates badge
AV Peer Review Rated
Philly Happening
Top one badge
Silver Client Champion Award 2020
super lawyers badge

As Seen On

avvo Martindale Justia FindLaw
© 2024 Sidney L. Gold and Associates, P.C. All rights reserved. [ Site Map | Privacy Policy ]

Attorney Advertising Materials. Sidney L. Gold is responsible for the content of this website. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Website Accessibility: Sidney L. Gold & Associates P.C. is committed to ensuring digital accessibility for people with disabilities. We are continually working to improve the accessibility of all content on our website and applying the relevant accessibility standards.

* The awards and accolades displayed on this website were issued to the attorneys, or the entire law firm by the respective providers of these honors. They are as follows, Avvo Inc., Super Lawyers®, Martindale Hubbell Peer Review Rated, ASLA Top 100 Lawyers, Million Dollar Advocates Forum, Legal Leaders Top Rated Lawyers, Bar Register Preeminent Lawyer, Happening List Winner, BBB Accredited Business, National Association of Distinguished Counsel Top 1 Percent, America's Top 100 Attorneys, The Employee Rights Advocacy Institute for law and policy, Best Lawyers, Lead Counsel Rated, Top Employment Lawyers in Philadelphia, Association of American Trial Lawyers Top 100 and Martindale Hubbell Client Champion Silver. No aspect of these advertisements have been approved by the Supreme Court of New Jersey.