523 U.S. 75 (1998) (U.S. Supreme Court)
Oncale v. Sundowner Offshore Services is a foundational Title VII case clarifying that the statute's prohibition on discrimination "because of sex" encompasses same-sex sexual harassment.
Does Title VII of the Civil Rights Act of 1964 permit a claim for workplace sexual harassment when the harasser and the victim are of the same sex, so long as the plaintiff proves the harassment occurred "because of sex"?
Title VII prohibits discrimination with respect to terms or conditions of employment "because of" an individual's sex. A hostile work environment claim is actionable when the harassment is (1) because of the plaintiff's sex and (2) sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment, assessed from the perspective of a reasonable person in the plaintiff's position and in light of the social context. Same-sex harassment is actionable under Title VII if the plaintiff shows the conduct occurred because of sex; such proof may include, for example, evidence that the harasser is motivated by sexual desire, evidence of general hostility to the presence of one sex in the workplace, or comparative evidence showing differential treatment of men and women. Title VII does not impose a general civility code; coarse behavior not shown to be because of sex and not severe or pervasive is not actionable.
Yes. Title VII's prohibition against discrimination "because of sex" applies to same-sex sexual harassment. The lower court's contrary judgment was reversed, and the case was remanded for further proceedings consistent with the Court's opinion.
Oncale is the definitive statement that Title VII's prohibition on discrimination "because of sex" includes same-sex harassment. It corrected lower-court rules that had excluded such claims categorically and provided practical, nonexclusive evidentiary pathways for proving that harassment is because of sex. For law students, Oncale illustrates textualist statutory interpretation, the elements of hostile work environment claims, and the importance of context and the reasonable-person standard. It also reinforces that Title VII is not a civility code and that courts must police the boundary between actionable discrimination and nonactionable boorishness. In subsequent Title VII jurisprudence, courts have integrated Oncale's guidance with employer-liability frameworks and other developments, but Oncale remains the core authority on the availability and proof of same-sex harassment claims.