Oncale v. Sundowner Offshore Services, Inc. is a legal case that deals with sex discrimination in violation of Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating based on race, color, religion, sex, or national origin when it comes to compensation, employment conditions, and privileges (Twomey, 2013, p. 397). Oncale claimed that he faced workplace discrimination because of his gender.
Oncale underwent “forced exposure to sex-related and degrading actions targeted at him…in the presence of the other crew members” during his online case reading. He also experienced physical sexual assault and received rape threats. As a result, he resigned from his position and began legal proceedings. The Fifth Circuit Court decision determined that men cannot allege harassment by male coworkers based on their gender according to Title VII. However, the Supreme Court later reversed this ruling and stated that same-sex sexual harassment is considered sex discrimination, permitting it to be pursued legally under Title VII.
The Court of Appeals reversed the Fifth Circuit Court’s decision in the case (Twomey, 2013, p. 428). Justice Thomas concurred with this decision. Although Title VII does not explicitly forbid discrimination based on sexual orientation, it does protect employees from harassment linked to their sexual orientation. The Oncale case has set a precedent for numerous subsequent cases dealing with same-sex harassment. These cases often involve issues such as discrimination based on sexual orientation, gender stereotyping theory of discrimination, and even transsexual discrimination in more recent times.
Concerns were raised about same-sex sexual harassment potentially turning Title VII into a general code of conduct for the workplace. Nonetheless, the language of the statute contains provisions that prevent such a scenario. According to Twomey (2013, p. 438), Title VII is applicable only when the offensive behavior in the workplace results in a significant alteration to the conditions of employment for an employee.
