Same-Sex Sexual Harassment Under Title VII

28 Pages Posted: 21 Aug 2016

See all articles by Dale Carpenter

Dale Carpenter

Southern Methodist University - Dedman School of Law

Date Written: 1996

Abstract

Title VII of the Civil Rights Act of 1964 prohibits private employment discrimination on the basis of "sex." In 1986, the United States Supreme Court interpreted the "no sex discrimination" command of Title VII to forbid sexual harassment on the job. In the wake of Meritor Savings Bank v. Vinson, perhaps no single area of the law is in a greater state of flux than the question of whether sexual harassment by a member of one sex against a member of the same sex is actionable under Title VII.

This Article examines the state of federal law on the question of whether Title VII of the Civil Rights Act of 1964 provides a cause of action for same-sex sexual harassment. It presents and analyzes the reasoning of those courts that have addressed the issue, with a particular focus on recent developments in the law.

Keywords: Title VII, Civil Rights Act, employment discrimination, same-sex sexual harassment, federal law, Meritor Savings Bank v. Vinson

Suggested Citation

Carpenter, Dale, Same-Sex Sexual Harassment Under Title VII (1996). South Texas Law Review, Vol. 37, No. 3, 1996, Available at SSRN: https://ssrn.com/abstract=2825981

Dale Carpenter (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States

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