Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75, 2 (1998)

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76

ONCALE v. SUNDOWNER OFFSHORE SERVICES, INC.

Opinion of the Court

Nicholas Canaday III argued the cause for petitioner. With him on the briefs were Andre P. LaPlace and Eric Schnapper.

Deputy Solicitor General Kneedler argued the cause for the United States as amicus curiae urging reversal. On the brief were Acting Solicitor General Dellinger, Acting Assistant Attorney General Pinzler, Deputy Solicitor General Waxman, Beth S. Brinkmann, C. Gregory Stewart, J. Ray Terry, Jr., Gwendolyn Young Reams, and Carolyn L. Wheeler.

Harry M. Reasoner argued the cause for respondents. With him on the brief were John H. Smither, Marie R. Yeates, Thomas H. Wilson, and Samuel Issacharoff.*

Justice Scalia delivered the opinion of the Court.

This case presents the question whether workplace harassment can violate Title VII's prohibition against "discriminat[ion] . . . because of . . . sex," 42 U. S. C. § 2000e-2(a)(1), when the harasser and the harassed employee are of the same sex.

I

The District Court having granted summary judgment for respondents, we must assume the facts to be as alleged by petitioner Joseph Oncale. The precise details are irrelevant

*Briefs of amici curiae urging reversal were filed for the Association of Trial Lawyers of America by Ellen Simon Sacks and Christopher P. Thorman; for the Lambda Legal Defense and Education Fund et al. by Beatrice Dohrn, John Davidson, Ruth Harlow, Steven R. Shapiro, Sara L. Mandelbaum, and Minna J. Kotkin; for the National Employment Lawyers Association by Margaret A. Harris and Anne Golden; for the National Organization on Male Sexual Victimization, Inc., by Catharine A. MacKinnon; and for Law Professors by Nan D. Hunter.

Briefs of amici curiae urging affirmance were filed for the Equal Employment Advisory Council by Robert E. Williams and Ann Elizabeth Reesman; and for the Texas Association of Business & Chambers of Commerce by Jeffrey C. Londa and Linda Ottinger Headley.

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