Same-Sex Harassment Suits May Get Easier To Win

Law360, New York (December 14, 2009, 12:58 PM EST) -- The plaintiffs bar has achieved limited success with same-sex sexual harassment actions, but such cases could be set to rise — and could get easier to win — if Congress passes a proposed bill to prohibit employment discrimination on the basis of sexual orientation, according to lawyers.

In 1998, the U.S. Supreme Court ruled in Oncale v. Sundowner Offshore Services that the protections afforded by Title VII against workplace discrimination applied to harassment between members of the same sex.

While that was a revolutionary ruling, same-sex...
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