Onclave V. Sundowner Offshore Services Case Study

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Case Overview: Onclave v. Sundowner Offshore Services, Inc. Simeamativa P. Kruse Webster University Review of Case 12.8 In Onclave v. Sundowner Offshore Services, Inc., petitioner Onclave filed a complaint against his employer, in that the sexual harassment he endured by three other male crew members in their workplace constituted “discrimination…because of…sex”, which is prohibited by Title VII of the Civil Rights Act of 1964 (Twomey, 2013). Unfortunately, the Fifth Circuit jurisdiction had ruled that same-sex sexual harassment was not sex discrimination in any form. But rather, that it was only between biological males and females to constitute an actionable sexual harassment. This raised questions surrounding Title VII relevancy to the case, in that “it shall be an unlawful employment practice for an employer…to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s…sex” (Twomey, 2013). The Court of Appeals saw no justification legally for a categorical rule excluding same-sex harassment claims from the coverage of Title VII. In 1998, The United States Supreme Court declared that same-sex sexual harassment was actionable under Title VII’s prohibition of sex discrimination in the workplace (Perry & Fink,…show more content…
Title VII also cannot expand into a general civility code since “the statute does not reach genuine but innocuous differences in the ways men and women routinely interact with member of the same sex and of the opposite sex” (Twomey, 2013). Judgment by a Reasonable

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