Federal court decisions conflict regarding the applicability of Title VII of the Civil Rights Act of 1964 to sexual harassment cases where the alleged harasser and victim are members of the same gender. This Comment examines the courts' treatment of same-gender sexual harassment claims and argues that same-gender sexual harassment claims fall within the purview of Title VII as impermissible discrimination. In reaching this position, this Comment demonstrates that Title VII lacks gender-based limitations. It then argues that no valid justification exists for distinguishing between same-gender sexual harassment and sexual harassment involving members of different genders. Finally, this Comment suggests that the inquiry should focus on the discriminatory and unwelcome nature of the conduct alleged.
Trish K. Murphy,
Notes and Comments,
Without Distinction: Recognizing Coverage of Same-Gender Sexual Harassment under Title VII,
70 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol70/iss4/6