Same Sex Discrimination and Harassment

Same sex gender discrimination and harassment is protected under New Jersey’s Law Against Discrimination and Title VII of the Federal Civil Rights Act of 1964. For example, the United States Supreme Court recognized same sex sexual harassment in the case Oncale v Sundowner Offshore Services, Inc. (1998), which involved a male worker’s claim that he had been subjected to sexual harassment by male co-worker.  In Flizack v. Good News Home For Women, Inc., 346 N.J.Super. 150 (App. Div. 2001), the court held that a female supervisor’s single incident toward a female employee was sufficient to support a claim of sexual harassment because the Law Against Discrimination does not require that defendant be motivated by desire for sexual gratification; rather, requisite causal connection is satisfied if offensive act would not have occurred but for victim’s gender.

Dated: April 23, 2010 – Castronovo & McKinney – Tom McKinney