The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, December 3, 1997
Decision: Wednesday, March 4, 1998
Issues: Civil Rights, Sex Discrimination in Employment
Categories: employment, gender

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)

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.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 9 votes for Oncale, 0 vote(s) against
Legal Provision: Civil Rights Act of 1964
Voted with the majority
Rehnquist
Voted with the majority
Stevens
Voted with the majority
O'Connor
Wrote the majority opinion
Scalia
Voted with the majority
Kennedy
Voted with the majority
Souter
Wrote a regular concurrence
Thomas
Voted with the majority
Ginsburg
Voted with the majority
Breyer
Full Opinion by Justice Antonin Scalia

Cite this page

The Oyez Project, Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998),
available at: <http://www.oyez.org/cases/1990-1999/1997/1997_96_568/>
(last visited ).