News Notes: Is Same-Sex Horseplay Harassment When It Involves Heterosexuals?

Same-sex harassment is illegal under California law if the harassment is “because of” a person’s gender. The concept is easy to apply when the perpetrator and the victim are gays or lesbians of the same gender. But is crude behavior by a heterosexual employee against someone of the same gender-such as making sexually explicit jokes or touching or grabbing-harassment or merely vulgar horseplay? The U.S. Supreme Court has now agreed to rule on a case involving an oil rig worker who said he was sexually harassed both verbally and physically by male co-workers. The case could determine whether sexual harassment includes same-sex “locker room” pranks and obscenities. In the meantime, to avoid having to sort out these issues in a lawsuit, it’s best to enforce a zero-tolerance policy for any sexual behavior or antics in the workplace regardless of the sexual orientation of those involved.