joseph
oncale
sundowner
offshore
services
incorporated
et
argued
december
decided
march
held
sex
discrimination
consisting
sexual
harassment
actionable
title
vii
title
vii
prohibition
discrimination
sex
protects
men
well
women
newport
news
shipbuilding
dry
dock
eeoc
related
context
racial
discrimination
workplace
rejected
conclusive
presumption
employer
discriminate
members
race
castaneda
partida
justification
title
vii
language
precedents
categorical
rule
barring
claim
discrimination
sex
merely
plaintiff
defendant
person
charged
acting
behalf
defendant
sex
recognizing
liability
harassment
transform
title
vii
general
civility
code
american
workplace
since
title
vii
directed
discrimination
sex
merely
conduct
tinged
offensive
sexual
connotations
since
statute
reach
genuine
innocuous
differences
ways
men
women
routinely
interact
members
opposite
sex
since
objective
severity
harassment
judged
perspective
reasonable
person
plaintiff
position
considering
circumstances
pp
reversed
remanded
scalia
delivered
opinion
unanimous
thomas
filed
concurring
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
joseph
oncale
petitioner
sundowner
offshore
services
incorporated
et
al
writ
certiorari
appeals
fifth
circuit
march
justice
scalia
delivered
opinion
case
presents
question
whether
workplace
harassment
violate
title
vii
prohibition
discriminat
ion
sex
harasser
harassed
employee
sex
district
granted
summary
judgment
respondent
must
assume
facts
alleged
petitioner
joseph
oncale
precise
details
irrelevant
legal
point
must
decide
interest
brevity
dignity
shall
describe
generally
late
october
oncale
working
respondent
sundowner
offshore
services
chevron
oil
platform
gulf
mexico
employed
roustabout
crew
included
respondents
john
lyons
danny
pippen
brandon
johnson
lyons
crane
operator
pippen
driller
supervisory
authority
app
several
occasions
oncale
forcibly
subjected
sex
related
humiliating
actions
lyons
pippen
johnson
presence
rest
crew
pippen
lyons
also
physically
assulted
oncale
sexual
manner
lyons
threatened
rape
oncale
complaints
supervisory
personnel
produced
remedial
action
fact
company
safety
compliance
clerk
valent
hohen
told
oncale
lyons
pippen
picked
time
called
name
suggesting
homosexuality
oncale
eventually
pink
slip
reflect
voluntarily
left
due
sexual
harassment
verbal
abuse
asked
deposition
left
sundowner
oncale
stated
felt
leave
job
raped
forced
sex
oncale
filed
complaint
sundowner
district
eastern
district
louisiana
alleging
discriminated
employment
sex
relying
fifth
circuit
decision
garcia
elf
atochem
north
america
district
held
oncale
male
cause
action
title
vii
harassment
male
app
appeal
panel
fifth
circuit
concluded
garcia
binding
circuit
precedent
affirmed
granted
certiorari
ii
title
vii
civil
rights
act
provides
relevant
part
shall
unlawful
employment
practice
employer
discriminate
individual
respect
compensation
terms
conditions
privileges
employment
individual
race
color
religion
sex
national
origin
stat
amended
held
covers
terms
condi
tions
narrow
contractual
sense
evinces
congressional
intent
strike
entire
spectrum
disparate
treatment
men
women
employment
meritor
savings
bank
fsb
vinson
citations
internal
quotation
marks
omitted
workplace
permeated
discriminatory
intimidation
ridicule
insult
sufficiently
severe
pervasive
alter
conditions
victim
employment
create
abusive
working
environment
title
vii
violated
harris
forklift
systems
citations
internal
quotation
marks
omitted
title
vii
prohibition
discrimination
sex
protects
men
well
women
newport
news
shipbuilding
dry
dock
eeoc
related
context
racial
discrimination
workplace
rejected
conclusive
presumption
employer
discriminate
members
race
many
facets
human
motivation
unwise
presume
matter
law
human
beings
one
definable
group
discriminate
members
group
castaneda
partida
see
also
id
powell
joined
burger
rehnquist
dissenting
johnson
transportation
agency
santa
clara
cty
male
employee
claimed
employer
discriminated
sex
preferred
female
employee
promotion
although
ultimately
rejected
claim
grounds
consider
significant
supervisor
made
decision
also
man
see
precedents
leave
doubt
question
hold
today
nothing
title
vii
necessarily
bars
claim
discrimination
sex
merely
plaintiff
defendant
person
charged
acting
behalf
defendant
sex
courts
little
trouble
principle
cases
like
johnson
employee
claims
passed
job
promotion
issue
arises
context
hostile
environment
sexual
harassment
claim
state
federal
courts
taken
bewildering
variety
stances
like
fifth
circuit
case
held
sexual
harassment
claims
never
cognizable
title
vii
see
also
goluszek
smith
supp
nd
decisions
say
claims
actionable
plaintiff
prove
harasser
homosexual
thus
presumably
motivated
sexual
desire
compare
mcwilliams
fairfax
county
board
supervisors
wrightson
pizza
hut
america
still
others
suggest
workplace
harassment
sexual
content
always
actionable
regardless
harasser
sex
sexual
orientation
motivations
see
doe
belleville
see
justification
statutory
language
precedents
categorical
rule
excluding
harassment
claims
coverage
title
vii
courts
observed
sexual
harassment
workplace
assuredly
principal
evil
congress
concerned
enacted
title
vii
statutory
prohibitions
often
go
beyond
principal
evil
cover
reasonably
comparable
evils
ultimately
provisions
laws
rather
principal
concerns
legislators
governed
title
vii
prohibits
discriminat
ion
sex
terms
conditions
employment
holding
includes
sexual
harassment
must
extend
sexual
harassment
kind
meets
statutory
requirements
respondents
amici
contend
recognizing
liability
harassment
transform
title
vii
general
civility
code
american
workplace
risk
greater
oppositesex
harassment
adequately
met
careful
attention
requirements
statute
title
vii
prohibit
verbal
physical
harassment
workplace
directed
discriminat
ion
sex
never
held
workplace
harassment
even
harassment
men
women
automatically
discrimination
sex
merely
words
used
sexual
content
connotations
critical
issue
title
vii
text
indicates
whether
members
one
sex
exposed
disadvantageous
terms
conditions
employment
members
sex
exposed
harris
supra
ginsburg
concurring
courts
juries
found
inference
discrimination
easy
draw
sexual
harassment
situations
challenged
conduct
typically
involves
explicit
implicit
proposals
sexual
activity
reasonable
assume
proposals
made
someone
sex
chain
inference
available
plaintiff
alleging
samesex
harassment
credible
evidence
harasser
homosexual
harassing
conduct
need
motivated
sexual
desire
support
inference
discrimination
basis
sex
trier
fact
might
reasonably
find
discrimination
example
female
victim
harassed
derogatory
terms
another
woman
make
clear
harasser
motivated
general
hostility
presence
women
workplace
harassment
plaintiff
may
also
course
offer
direct
comparative
evidence
alleged
harasser
treated
members
sexes
workplace
whatever
evidentiary
route
plaintiff
chooses
follow
must
always
prove
conduct
issue
merely
tinged
offensive
sexual
connotations
actually
constituted
discrimina
tion
sex
another
requirement
prevents
title
vii
expanding
general
civility
code
emphasized
meritor
harris
statute
reach
genuine
innocuous
differences
ways
men
women
routinely
interact
members
sex
opposite
sex
prohibition
harassment
basis
sex
requires
neither
asexuality
androgyny
workplace
forbids
behavior
objectively
offensive
alter
conditions
victim
employment
conduct
severe
pervasive
enough
create
objectively
hostile
abusive
work
environment
reasonable
person
find
hostile
beyond
title
vii
purview
harris
citing
meritor
always
regarded
requirement
crucial
sufficient
ensure
courts
juries
mistake
ordinary
socializing
horseplay
intersexual
discriminatory
conditions
employment
emphasized
moreover
objective
severity
harassment
judged
perspective
reasonable
person
plaintiff
position
considering
circumstances
harris
supra
harassment
cases
inquiry
requires
careful
consideration
social
context
particular
behavior
occurs
experienced
target
professional
football
player
working
environment
severely
pervasively
abusive
example
coach
smacks
buttocks
heads
onto
behavior
reasonably
experienced
abusive
coach
secretary
male
female
back
office
real
social
impact
workplace
behavior
often
depends
constellation
surrounding
circumstances
expectations
relation
ships
fully
captured
simple
recitation
words
used
physical
acts
performed
common
sense
appropriate
sensitivity
social
context
enable
courts
juries
distinguish
simple
teasing
roughhousing
among
members
sex
conduct
reasonable
person
plaintiff
position
find
severely
hostile
abusive
iii
conclude
sex
discrimination
consisting
sexual
harassment
actionable
title
vii
judgment
appeals
fifth
circuit
reversed
case
remanded
proceedings
consistent
opinion
ordered
joseph
oncale
petitioner
sundowner
offshore
services
incorporated
et
al
writ
certiorari
appeals
fifth
circuit
march
justice
thomas
concurring
concur
stresses
every
sexual
harassment
case
plaintiff
must
plead
ultimately
prove
title
vii
statutory
requirement
discrimination
sex