Oncale v. Sundowner Offshore Services
STATUATE SUMMARY
The case presents the question whether workplace harassment violates Title VII's prohibition to "discriminate . . . because of . . . sex" when the harasser and the harassed employee are of the same sex.
COURT DECISION BRIEF
The Petitioner, Joseph Oncale worked as a roustabout on an eight-man crew for Sundowner Offshore Services on a Chevron U.S.A oil platform in the Gulf of Mexico from August to November 1991. The crew included the respondents, John Lyons, Danny Pippen, and Brandon Johnson.
Lyons, Pippen and Johnson on several occasions, forcibly subjected Oncale to sex-related, humiliating actions in the presence of the rest of the crew. Pippen and Lyons also physically assaulted Oncale in a sexual manner, and Lyons threatened him with rape. Specifically, Lyons placed his penis on Oncale's neck on one occasion and on his arm on another occasion. Lyons also forcefully pushed a bar of soap into Oncale's anus while Pippen restrained Oncale as he was showering on Sundowner premises. ("Oncale v Sundowner ... " Equal Rights Advocate 2005)
Oncale complained to company's supervisory personnel but to no avail. In fact, Sundowner's Safety Compliance Clerk told Oncale that Lyons and Pippen picked on him too, calling him a name that suggested homosexuality. Oncale finally quit his job, requesting that his pink slip indicate that he voluntarily left due to sexual harassment and verbal abuse. During his deposition, Oncale stated: "I felt that if I didn't leave my job, I would be raped or forced to have sex."
Joseph Oncale filed a Title VII action in the United States District Court for the Eastern District of Louisiana. The District Court, relying on the Fifth Circuit's decision in Garcia v. Elf Atochem North America (1994) held that "... A male, has no cause of action under Title VII for harassment by male co-workers." On appeal, the Fifth Circuit affirmed. Oncale filed his petition for certiorari to the United...
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