Case Study: Oncale vs. Sundowner Offshore Services, Inc.
Week 1 Case Study: Oncale v. Sundowner Offshore Services, Inc.
HRMG 5700 – Employment Law
Webster University
Dr. Myrna Galligano-Kozlowski
27 October 2013
Week 1 Case Study: Oncale v. Sundowner Offshore Services, Inc.
The plaintiff worked for Sundowner Offshore Services, Inc., as a roustabout on an offshore oil platform in the Gulf of Mexico (Twomey, 2013, p. 442). During his time of employment, Joseph Oncale was subjected to sex-related actions and threats. Mr. Oncale submitted complaints to his supervisors, but they were never addressed. Eventually, he quit due to the sexual harassment. Upon quitting, Mr. Oncale filed a complaint against Sundowner for violating his Title VII rights of discrimination because of sex. After submitting his complaint, the district court ruled in favor of the defendant and the Fifth Circuit affirmed this ruling. On appeal to the U.S. Supreme Court, the issue was that the Fifth Circuit Court of Appeals held that same-sex sexual harassment was no cause for action under Title VII of the Civil Rights Act. The Supreme Court reversed the judgment of the Fifth Circuit Court of Appeals after concluding that same-sex sexual discrimination is actionable under Title VII and would not transform Title VII into a general civility code. The Supreme Court reasoned that the sexual harassment was so objectively offensive that it altered the conditions of Mr. Oncale’s employment.
Answer 1: Recognizing and understanding liability for same-sex harassment will not transform Title VII into a general civility code for the American workplace. Title VII of the Civil Rights Act is directed at discrimination because of sex, whether members of one sex subjected to disadvantageous terms or conditions of employment when others of the opposite sex are not, and if the behavior is so offensive that it affects the conditions of the victim’s employment (Twomey, 2013, p. 442). These requirements prevent the transformation of Title VII into a
HRMG 5700 – Employment Law
Webster University
Dr. Myrna Galligano-Kozlowski
27 October 2013
Week 1 Case Study: Oncale v. Sundowner Offshore Services, Inc.
The plaintiff worked for Sundowner Offshore Services, Inc., as a roustabout on an offshore oil platform in the Gulf of Mexico (Twomey, 2013, p. 442). During his time of employment, Joseph Oncale was subjected to sex-related actions and threats. Mr. Oncale submitted complaints to his supervisors, but they were never addressed. Eventually, he quit due to the sexual harassment. Upon quitting, Mr. Oncale filed a complaint against Sundowner for violating his Title VII rights of discrimination because of sex. After submitting his complaint, the district court ruled in favor of the defendant and the Fifth Circuit affirmed this ruling. On appeal to the U.S. Supreme Court, the issue was that the Fifth Circuit Court of Appeals held that same-sex sexual harassment was no cause for action under Title VII of the Civil Rights Act. The Supreme Court reversed the judgment of the Fifth Circuit Court of Appeals after concluding that same-sex sexual discrimination is actionable under Title VII and would not transform Title VII into a general civility code. The Supreme Court reasoned that the sexual harassment was so objectively offensive that it altered the conditions of Mr. Oncale’s employment.
Answer 1: Recognizing and understanding liability for same-sex harassment will not transform Title VII into a general civility code for the American workplace. Title VII of the Civil Rights Act is directed at discrimination because of sex, whether members of one sex subjected to disadvantageous terms or conditions of employment when others of the opposite sex are not, and if the behavior is so offensive that it affects the conditions of the victim’s employment (Twomey, 2013, p. 442). These requirements prevent the transformation of Title VII into a