Oncale v. Sundowner Offshore Services
Encyclopedia
Oncale v. Sundowner Offshore Services, , was a decision of the Supreme Court of the United States
. The case arose out of a suit for sex discrimination by a male oil-rig worker, who claimed that he was repeatedly subjected to sexual harassment
by his male co-workers with the acquiescence of his employer. The Court held that Title VII's protection against workplace discrimination "because of... sex" applied to harassment
in the workplace between members of the same sex.
. He was employed as a roustabout
on an eight-man crew. On several occasions, Oncale was forcibly subjected to sex-related, humiliating actions against him by his coworkers in the presence of the rest of the crew. Oncale was also sodomized
with a bar of soap, and threatened with rape. Oncale's complaints to supervisory personnel produced no remedial action. Instead, the company's Safety Compliance Clerk called him a name suggesting homosexuality. Oncale eventually quit—asking that his pink slip reflect that he "voluntarily left due to sexual harassment and verbal abuse
."
Oncale filed a complaint against Sundowner in the United States District Court for the Eastern District of Louisiana
, alleging that he was discriminated against in his employment because of his sex. Relying on earlier precedents, the district court granted summary judgment to the defendant, writing that "Mr. Oncale, a male, has no cause of action under Title VII for harassment by male co-workers." Oncale appealed, the United States Court of Appeals for the Fifth Circuit
affirmed the decision, and then after granting a petition for writ of certiorari, the Supreme Court reversed the decision.
Oncale v. Sundowner Offshore Services set the precedent for analyzing same-sex harassment, and sexual harassment without motivation of "sexual desire", stating that any discrimination based on sex is actionable so long at it places the victim in an objectively disadvantageous working condition, regardless of the gender of either the victim, or the harasser.
The application of the Oncale case has caused some difficulty in the lower federal courts, which have struggled with how to determine whether any particular case of same-sex harassment is "because of sex." In particular, courts have struggled with how to deal with harassment that appears to be based on actual or perceived sexual orientation
, because employment discrimination based on sexual orientation is not forbidden by U.S. federal law.
Because it set a precedent regarding harassment "because of sex," Oncale v. Sundowner has been lauded as a landmark "gay rights" case, even though all those involved were heterosexual.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. The case arose out of a suit for sex discrimination by a male oil-rig worker, who claimed that he was repeatedly subjected to sexual harassment
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
by his male co-workers with the acquiescence of his employer. The Court held that Title VII's protection against workplace discrimination "because of... sex" applied to harassment
Harassment
Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behaviour intended to disturb or upset, and it is characteristically repetitive. In the legal sense, it is intentional behaviour which is found threatening or disturbing...
in the workplace between members of the same sex.
Facts of the case
In late October 1991, Joseph Oncale was working for Sundowner Offshore Services on a Chevron USA Inc. oil platform in the Gulf of MexicoGulf of Mexico
The Gulf of Mexico is a partially landlocked ocean basin largely surrounded by the North American continent and the island of Cuba. It is bounded on the northeast, north and northwest by the Gulf Coast of the United States, on the southwest and south by Mexico, and on the southeast by Cuba. In...
. He was employed as a roustabout
Roustabout
A roustabout is a labourer typically performing temporary, unskilled work. The term has traditionally been used to refer to traveling-circus workers, natural gas, or oil rig workers....
on an eight-man crew. On several occasions, Oncale was forcibly subjected to sex-related, humiliating actions against him by his coworkers in the presence of the rest of the crew. Oncale was also sodomized
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
with a bar of soap, and threatened with rape. Oncale's complaints to supervisory personnel produced no remedial action. Instead, the company's Safety Compliance Clerk called him a name suggesting homosexuality. Oncale eventually quit—asking that his pink slip reflect that he "voluntarily left due to sexual harassment and verbal abuse
Verbal abuse
Verbal abuse is best described as a negative defining statement told to you or about you; or by withholding any response thus defining the target as non-existant...
."
Oncale filed a complaint against Sundowner in the United States District Court for the Eastern District of Louisiana
United States District Court for the Eastern District of Louisiana
The U.S. District Court for the Eastern District of Louisiana is a federal trial court based in New Orleans. Like all U.S...
, alleging that he was discriminated against in his employment because of his sex. Relying on earlier precedents, the district court granted summary judgment to the defendant, writing that "Mr. Oncale, a male, has no cause of action under Title VII for harassment by male co-workers." Oncale appealed, the United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
affirmed the decision, and then after granting a petition for writ of certiorari, the Supreme Court reversed the decision.
Decision
Justice Scalia, writing for the unanimous court (with Justice Thomas concurring), reversed the decision of the district court and remanded the case for further proceedings in accordance with the instruction that a male can be discriminated against by members of the same sex under Title VII.Oncale v. Sundowner Offshore Services set the precedent for analyzing same-sex harassment, and sexual harassment without motivation of "sexual desire", stating that any discrimination based on sex is actionable so long at it places the victim in an objectively disadvantageous working condition, regardless of the gender of either the victim, or the harasser.
The application of the Oncale case has caused some difficulty in the lower federal courts, which have struggled with how to determine whether any particular case of same-sex harassment is "because of sex." In particular, courts have struggled with how to deal with harassment that appears to be based on actual or perceived sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
, because employment discrimination based on sexual orientation is not forbidden by U.S. federal law.
Because it set a precedent regarding harassment "because of sex," Oncale v. Sundowner has been lauded as a landmark "gay rights" case, even though all those involved were heterosexual.
See also
- Gay rights
- Sexual harassmentSexual harassmentSexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
- Hostile environment sexual harassmentHostile environment sexual harassmentIn employment law, hostile environment sexual harassment refers to a situation where employees in a workplace are subject to a pattern of exposure to unwanted sexual behavior from persons other than an employee's direct supervisor where supervisors or managers take no steps to discourage or...
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- List of United States Supreme Court cases, volume 523
- List of United States Supreme Court cases
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