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Incredible Evidence
How A Same-Sex Harassment Ruling Puts Sexual Identity On Trial
By Max Stendahl | June 10, 2016, 5:01 PM EDT
In 1998, the U.S. Supreme Court ruled that anti-discrimination laws covered same-sex workplace harassment. But one aspect of the decision carried troubling implications: It encouraged victims to dig for “credible evidence” that their harassers were gay. Eighteen years later, that often unattainable standard continues to sway the outcome of cases nationwide.