Ask a question to Desklib · AI bot


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

Added on -2019-09-16

| 2 pages
| 411 words

Trusted by 2+ million users,
1000+ happy students everyday

Summary: It can be stated from the Oncale case that the future case can be dependent on the decisions for this case. No one should be subjected to any form of harassment at the work place. As per Twomey, the sexual harassment was considered as the unacceptable subjected by male on the female. However, in the current case depicts different situation where male has been subjected sexual harassment by another male. Therefore, the holding must be movedfurther and sexual harassment involving all form should be included. The possible recognition 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 district court could held that Oncale, a male, had no Title VII cause for action...code for the American workplace”, it can be stated that the court did not considered the same sex harassment in the work place (Twomey, 442). 2. In the case it has been stated that “The prohibition of harassment on the basis of sex requires neither a sexuality not androgyny in the environment that a reasonable person would find hostile or abusive is beyond Title VII’s purview”. Added to that, the use of common sense of the sitting judges and jury has been emphasized for the decision making (Twomey, 2013, p.443). 3. The phrasing of the Title VII does not justify any form of inclusion of the same sex sexual harassment. Here, it can be stated that the Title VII has statements that is for the prohibition of 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 it not under Title VII. Interestingly, around 21 states has moved further passed laws that prohibit harassment based on the sexual orientation (Twomey, 2013, p.430)

Found this document preview useful?

You are reading a preview
Upload your documents to download
Become a Desklib member to get accesss

Students who viewed this