Same-Sex Sexual Harassment How the Equal Opportunity….pdfVIP

Cornell University School of Hotel Administration e Scholarly Commons Articles and Chapters School of Hotel Administration Collection 12-2000 Same-Sex Sexual Harassment : How the Equal Opportunity Harasser Became a Legitimate Defense David Sherwyn Cornell University, dss18@ Ezekiel A . Kaufman Washing ton University Ad am A . Klausner Cornell University Follow this and additional works at : /articles Part of the Hospitality Administration and Management Commons, Labor and Employment Law Commons, and the Labor elations Commons ecommended Citation Sherwyn, D., Kaufman, E. A., Klausner, A . A. (2000). Same-sex sexual harassment : How the “equal opportunity harasser” became a legitimate defense [Electronic version]. Cornell Hotel and Restaurant Administration Quarterly, 41 (6), 75-80. etrieved [insert date], from Cornell University, School of Hospitality Administration site: /articles/397/ This Article or Chapter is brought to you for free and open access by the School of Hotel Administration Collection at The Scholarly Commons. It has been accepted for inclusion in Articles and Chapters by an authorized administrator of The Scholarly Commons. For more information, please contact hlmdigital@. Same-Sex Sexual Harassment : How the Equal Opportunity Harasser Became a Legitimate Defense Abstract This article provides a quick history of sexual-harassment law and looks at the appellate-court opinions that came before the U.S. Supreme Court ruling in a same-sex sexual-harassment case. That latter decision has given rise to the relatively novel equal-opportunity-harasser defense, whereby harassing conduct directed at both men and women, no matter how outrageous, may not be unlawful at all. The reason is that the Supreme Court previously established that sexual harassment must be because of sex, and failure to prove that gender- related component will automatically di