Title VII of the Civil Rights Act of 1964 prohibits private employment discrimination on the basis of "sex." In 1986, the United States Supreme Court interpreted the "no sex discrimination" command of Title VII to forbid sexual harassment on the job. In the wake of Meritor Savings Bank v. Vinson, perhaps no single area of the law is in a greater state of flux than the question of whether sexual harassment by a member of one sex against a member of the same sex is actionable under Title VII.
This Article examines the state of federal law on the question of whether Title VII of the Civil Rights Act of 1964 provides a cause of action for same-sex sexual harassment. It presents and analyzes the reasoning of those courts that have addressed the issue, with a particular focus on recent developments in the law.
South Texas Law Review
Dale Carpenter, Same-Sex Sexual Harassment under Title VII, 37 S. Tex. L. Rev. 699 (1996)