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. ...Show more