The Sexual Harassment Suit - Assignment Example

None of the men have any prior history of sexual harassment claims against them. In addition, none of the men that have been accused of sexual harassment asked Mr. Oncale for sexual deeds or information about sexual experiences. Instead, the men were merely roughhousing which is typical behavior for these men. Perhaps Mr. Oncale does not identify with these behaviors and felt singled out because he was the only homosexual male present on the digs. 3. The differentiation between activities direct at an employee that is of homosexual origins lies in the interpretation of the context and specific characteristics relevant in the individual case.

Certain characteristics can be utilized in determining if the behaviors are covered under Title VII. In order for the activities in question directed at homosexuals need to have certain elements present. The individual must be competent in order to understand the rightness or wrongness of their actions. This understanding of the issue needs to be present. In further, the harassment needs to be unwelcomed by the other individual. For example, referring to the homosexual individual using derogatory terms specifically directed at homosexuals is covered under Title VII because these words are directed sexually at the individual.

However, the homosexual needs to make it clear that these gestures and comments are unwelcomed. Moreover, harassment should be because of sex. This is an understanding that the other party accused of harassing an individual of the same gender is doing so under sexual pretenses. These sexual pretenses do not need to include the acts of wanting sexual gratification from the individual. Instead, these acts focus on singling the individual out due to their sexual orientation. This may include asking a homosexual vulgar question about his or her sexuality or sexual acts. 4. Case 21.

The termination of Lynette was based upon her failure to show up to work on a Saturday. Lynette has recently converted her religion to a practicing Seven Day Adventist. Lynette has stated that she can no longer work on Saturdays due to her religious conversion.