In this case the victim had circumstances that allowed for this case to be defined as sexual harassment regardless of the victim's sexual orientation. Had the judge not upheld the precedents outline in Title VII the suit would have grounds for an appeal an appeal based upon discriminatory practices as evident in Garcia v. Elf Atochem North America (Coombs, 1999).
2. In order to lessen the exposure we will utilize different cultural norms that differentiate between heterosexual men and homosexual men. Sundowner Offshore Services often employees men that can be stereotyped as having masculine characteristics. However, this company does not discriminate against hiring men that do not employ these characteristics. Moreover, many of the men that perform these jobs enjoy rough housing with each other as this is an acceptable norm exhibited by men employing these characteristics. However, Mr. Oncale does not employ strong masculine characteristics which led to the misinterpretation of roughhousing as sexual harassment. 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 a 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 the 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 pretences. These sexual pretences do not need to include the acts of wanting sexual gratification from the individual. Instead these act 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 2
1. 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 conversio