Summary: It can be stated from the Oncale case that the future

Added on - 16 Sep 2019

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Summary:It can be stated from the Oncale case that the future case can be dependent on thedecisions for this case. No one should be subjected to any form of harassment at the workplace. As per Twomey, the sexual harassment was considered as the unacceptable subjectedby male on the female. However, in the current case depicts different situation where malehas been subjected sexual harassment by another male. Therefore, the holding must be movedfurther and sexual harassment involving all form should be included. The possiblerecognition of the same set the precedent for the change in the Title VII into a general civilitycode.1.Considering the statement from the case, “Relying on Fifth Circuit precedent, the districtcourt could held that Oncale, a male, had no Title VII cause for action...code for theAmerican workplace”, it can be stated that the court did not considered the same sexharassment in the work place (Twomey, 442).2.In the case it has been stated that “The prohibition of harassment on the basis of sexrequires neither a sexuality not androgyny in the workplace...an environment that areasonable person would find hostile or abusive is beyond Title VII’s purview”. Added tothat, the use of common sense of the sitting judges and jury has been emphasized for thedecision making (Twomey, 2013, p.443).3.The phrasing of the Title VII does not justify any form of inclusion of the same sex sexualharassment. Here, it can be stated that the Title VII has statements that is for the prohibitionof discrimination occurring due to different sex. However, the term “sex” has not been furtherrefined and hence holds very broad meaning. Therefore, here it can be stated that the term haswide applicability and any sexual harassment cannot be out rightly rejected by considering itnot under Title VII. Interestingly, around 21 states has moved further passed laws thatprohibit harassment based on the sexual orientation (Twomey, 2013, p.430)
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