Oncale v. Sundowner Offshore Services, Inc.

Media Items
Oral Argument
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Advocates
Nicholas Canaday, III (Argued the cause for the petitioner)
Edwin S. Kneedler (On behalf of the United States, as amicus curiae, supporting the petitioner)
Harry M. Reasoner (Argued the cause for the respondents)
Case Basics
Docket No.: 
96-568
Petitioner: 
Oncale
Respondent: 
Sundowner Offshore Services, Inc.
Opinion: 
523 U.S. 75 (1998)
Categories: 
gender, employment

Cite this page
The Oyez Project, Oncale v. Sundowner Offshore Services, Inc. , 523 U.S. 75 (1998)
available at: (http://oyez.org/cases/1990-1999/1997/1997_96_568)
Facts of the Case: 

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"). On appeal from a decision supporting a district court's ruling against Oncale, the Supreme Court granted certiorari.

Question: 

Does the prohibition against sex discrimination, set out in Title VII of the Civil Rights Act of 1964, apply to same-sex sexual harassment?

Conclusion: 

Yes. In a unanimous opinion, the Court held that while Title VII does not prohibit all verbal or physical harassment in the workplace, it does bar all forms of discrimination "because of" sex. 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.

Decisions

Decision: 9 votes for Oncale, 0 vote(s) against
Legal provision: Civil Rights Act of 1964

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Stevens
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Ginsburg
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Breyer
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Souter
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Kennedy
Voted with the majority
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Voted with the majority
Rehnquist
Wrote the majority opinion
Scalia
Wrote a regular concurrence
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Full Opinion by Justice Antonin Scalia