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ONCALE v. SUNDOWNER OFFSHORE SERVICES, INC.

No. 96-568.

523 U.S. 75 (1998)

ONCALE v. SUNDOWNER OFFSHORE SERVICES, INC., et al.

United States Supreme Court.

Decided March 4, 1998.

Attorney(s) appearing for the Case

Nicholas Canaday III argued the cause for petitioner. With him on the briefs were Andre P. LaPlace and Eric Schnapper.

Deputy Solicitor General Kneedler argued the cause for the United States as amicus curiae urging reversal. On the brief were Acting Solicitor General Dellinger, Acting Assistant Attorney General Pinzler, Deputy Solicitor General Waxman, Beth S. Brinkmann, C. Gregory Stewart, J. Ray Terry, Jr., Gwendolyn Young Reams, and Carolyn L. Wheeler.

Harry M. Reasoner argued the cause for respondents. With him on the brief were John H. Smither, Marie R. Yeates, Thomas H. Wilson, and Samuel Issacharoff.*

Scalia, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion, p. 82.

Justice Scalia, delivered the opinion of the Court.

This case presents the question whether workplace harassment can violate Title VII's prohibition against "discriminat[ion] . . . because of . . . sex," 42 U. S. C. § 2000e—2(a)(1), when the harasser and the harassed employee are of the same sex.

I

The District Court having granted summary judgment for respondents, we must assume the facts to be as alleged by petitioner Joseph Oncale...

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