Same Sex Discrimination and Harassment

By Thomas McKinney

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

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.