endobj %PDF-1.7 %���� <>/Border[0 0 0]/Rect[510.324 617.094 549.0 629.106]/Subtype/Link/Type/Annot>> <>stream endobj trailer ���B�Ѫ�[ԃX��J �������Ü��_fG|vxC�a&��д���P �� �G�LH��a�!G���M�dh��_���t����J�HӼX͇ћW�. 0000002876 00000 n 0000002329 00000 n c��4����YQ+�y�Yd���3S�Vi�@e����U]i�V��ADv�M{�$X�(��u�&�H֢�L�� @w70i0��50p��u40[0 I��&%e���&��f���f@��f� LƮ@i�&e� ����D�S���E��X����� �����#_���i�72'p���(P`�9�/��р�Ų\ Joseph Oncale, a male, filed a complaint against his employer, Sundowner Offshore Services, Inc., alleging that he was sexually harassed by co-workers, in their workplace, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). 0000003155 00000 n 0000005354 00000 n Oncale filed a complaint against Sundowner in the United States District Court for the Eastern District of Louisiana, alleging that he was discriminated against in his employment because of his sex. <>/Border[0 0 0]/Rect[145.74 211.794 338.7 223.806]/Subtype/Link/Type/Annot>> 226 0 obj endobj On several occasions, Oncale was forcibly subjected to sex-related, humiliating actions against him by his coworkers in the presence of the rest of the crew. 0000006284 00000 n "Oncale v. Sundowner Offshore Services, Inc.", On behalf of the United States, as amicus curiae, supporting the petitioner. 82 ONCALE v. SUNDOWNER OFFSHORE SERVICES, INC. THOMAS, J., concurring. 227 0 obj Instead, the company's Safety Compliance Clerk called him a name suggesting homosexuality. 0000003423 00000 n 0000020298 00000 n 0000007660 00000 n Oncale appealed, and the Supreme Court reversed the decision. 0000026978 00000 n endobj 232 0 obj H�tS�n�0��+tl/,II����?�@Ӣ�b����$� 9�� ����$��K�'�>�,5�9���S�r������:�5�3=��"�i)���{�Q��饻�}|ݻ�w� B,�+����-@����?J��b�ܾ� Such discrimination, whether motivated by sexual desire or not, is actionable so long at it places its victim in an objectively disadvantageous working condition, regardless of the victim's gender. 230 0 obj 221 0 obj The Court held that Title VII's protection against workplace discrimination "because of... sex" applied to harassment in the workplace between members of the same sex. Oncale was physically assaulted sexually and threated with rape. 221 37 0000012432 00000 n In particular, courts have struggled with how to deal with harassment that appears to be based on actual or perceived sexual orientation, because employment discrimination based on sexual orientation is not forbidden by U.S. federal law. Oncale v. Sundowner Offshore Services set the precedent for analyzing same-sex harassment, and sexual harassment without motivation of "sexual desire", stating that any discrimination based on sex is actionable so long at it places the victim in an objectively disadvantageous working condition, regardless of the gender of either the victim, or the harasser. In late October 1991, Joseph Oncale was working for Sundowner Offshore Services on a Chevron USA Inc. oil platform in the Gulf of Mexico. In late October 1991, Oncale was working for Sundowner Offshore Services on a Chevron USA Inc. oil platform in the Gulf of Mexico. endobj Joseph Oncale, a male, filed a complaint against his employer, Sundowner Offshore Services, Inc., alleging that he was sexually harassed by co-workers, in their workplace, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). <>/Border[0 0 0]/Rect[81.0 646.991 280.476 665.009]/Subtype/Link/Type/Annot>> 0000032520 00000 n <>stream He was employed as a roustabout on an eight-man crew. 0000008660 00000 n Relying on earlier precedents, the district court held that "Mr. Oncale, a male, has no cause of action under Title VII for harassment by male co-workers." Oncale's complaints to supervisory personnel produced no remedial action. 0000007206 00000 n <>/Border[0 0 0]/Rect[243.264 230.364 418.512 242.376]/Subtype/Link/Type/Annot>> %PDF-1.7 % The virtues fostered by this is bound to be on your details lacking or later. <> 0000034630 00000 n �OS|�sw{nP���`P��?3�-���e�Z��q{�At�i �s6��� �6�5 8�� Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998), was a decision of the Supreme Court of the United States.The case arose out of a suit for sex discrimination by a male oil-rig worker, who claimed that he was repeatedly subjected to sexual harassment by his male coworkers with the acquiescence of his employer. 0000001542 00000 n %%EOF 0000003852 00000 n 0000032694 00000 n : 96-568DECIDED BY: Rehnquist Court (1986-2005)LOWER COURT: United States Court of Appeals for the Fifth Circuit CITATION: 523 US 75 (1998)ARGUED: Dec 03, 1997DECIDED: Mar 04, 1998 ADVOCATES:Edwin S. Kneedler – On behalf of the United States, as … On several occasions, Oncale was forcibly subjected to sex-related, humiliating actions against him by his coworkers in the presence of the rest of the crew. Oncale v. Sundowner Offshore Services, INC. United State Supreme Court 523 U.S. 75, 118 S. CT. 998 (1998) Facts: Oncale, employed by Sundowner Offshore Services, worked with an oil-platform crew. [1], Oncale v. Sundowner Offshore Services, Inc., Certiorari to the United States court of Appeals for the Fifth Circuit, Hostile Advances: The Kerry Ellison Story, List of United States Supreme Court cases, volume 523, Database of important sexual harassment cases and litigation, Creative Commons Attribution-ShareAlike 3.0, https://lgbt.wikia.org/wiki/Oncale_v._Sundowner_Offshore_Services?oldid=36621.
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