of of Narrow reading of Precedential Read reading Broad reading Oncale Hopkins Oncale and Hopkins Title VII conclusion Offensive sexual Gender Need showing that touching (ok even if treatment is some men aren’t Orientation of sex” “because touched—not all Relationship (Rene (not just of a sexual men in Oncale constantly teased nature like Fletcher offensively sexually for being like would have) touched; sexual woman, thus not orientation is masculine enough irrelevant) (because he is gay) so sex stereotyping at play; Sexual orientation is relevant) Claim Sexual Harassment Gender Neither stereotyping harassment (hostile work environment) Other Potential Theories to include Sexual Orientation includes sexual orientation “Sex” Sexual orientation discrimination is a form of sex discrimination Sex stereotyping (Hopkins) Future: ENDA (Employment Non-Discrimination Act) Not passed but constantly brought up: include sexual orientation and gender identity in federal employment discrimination law Doesn’t allow disparate impact claims or affirmative action for these groups Exemptions for religious objectors (organizations, schools, coporation, and associations) Doesn’t require couples-based benefits to be given to SS partner (not too helpful) 4. Military We more restrictions on 1st A rights for those in the military Don’t Ask, Don’t Tell (“DADT”) Policy Who’s targeted:
Precedential Read reading of Oncale Broad reading of Hopkins Narrow reading of Oncale and Hopkins Title VII conclusion Offensive sexual touching (ok even if some men aren’t touched—not all men in Oncale offensively sexually touched; sexual orientation is irrelevant) Gender Orientation Relationship (Rene constantly teased for being like woman, thus not masculine enough (because he is gay) so sex stereotyping at play; Sexual orientation is relevant) Need showing that treatment is “because of sex” (not just of a sexual nature like Fletcher would have) Claim Sexual Harassment Gender stereotyping harassment (hostile work environment) Neither Other Potential Theories to include Sexual Orientation “Sex” includes sexual orientation Sexual orientation discrimination is a form of sex discrimination Sex stereotyping (Hopkins) Future: ENDA (Employment Non-Discrimination Act) Not passed but constantly brought up: include sexual orientation and gender identity in federal employment discrimination law Doesn’t allow disparate impact claims or affirmative action for these groups Exemptions for religious objectors (organizations, schools, coporation, and associations) Doesn’t require couples-based benefits to be given to SS partner (not too helpful) 4. Military We more restrictions on 1st A rights for those in the military Don’t Ask, Don’t Tell (“DADT”) Policy Who’s targeted:
NeJaime.LawSexualityOutline.Spring2011.docx