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Directions in Sexual Harassment Law$
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Catharine A. MacKinnon and Reva B. Siegel

Print publication date: 2003

Print ISBN-13: 9780300098006

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300098006.001.0001

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Discriminating Pleasures

Discriminating Pleasures

(p.201) 14 Discriminating Pleasures
Directions in Sexual Harassment Law

Marc Spindelman

Yale University Press

This chapter discusses the relevance of Oncale v. Sundowner Offshore Services, Inc., and the Supreme Court's announcement that same-sex sexual harassment can be actionable sex discrimination under federal antidiscrimination law. As a strike against male supremacy, Oncale is an important step forward for sex equality rights, including the rights of lesbians and gay men. For the first time ever, the Supreme Court has made antigay discrimination, in the form of sexual violence at least, subject to judicial notice and action as a matter of sex equality law. It is still possible, however, that courts will allow themselves to be blinded by their own commitments to male supremacist norms, and so not recognize that the context-sensitive judgments Oncale mandates do not warrant policing same-sex sexual interactions in antigay ways.

Keywords:   sexual harassment, Supreme Court, Oncale, sex discrimination, male supremacy, sex equality rights, antigay discrimination, sexual violence, male supremacist norms

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