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Unformatted text preview: 566. The decision to omit the
language from the Smith opinion strongly indicates that the law simply does not embrace
his claim. While the harassment alleged by Vickers reflects *765 conduct that is socially
unacceptable and repugnant to workplace standards of proper treatment and civility,
Vickers claim does not fit within the prohibitions of the law. See Bibby v. Phila. CocaCola Bottling Co., 260 F.3d 257, 265 (3d Cir.2001) ("Harassment on the basis of sexual
orientation has no place in our society. Congress has not yet seen fit, however, to provide
protection against such harassment.") (internal citations omitted).
 Nor does the prevailing case law on same-sex sexual harassment provide an avenue
for Vickers' claim. As noted above, the Supreme Court has stated that Title VII covers
hostile work environment claims based on same-sex harassment. Oncale, 523 U.S. at 79,
118 S.Ct. 998. However, an individual does not make out a claim of sexual harassment
"merely because the words used have sexual content or connotations." Id. at 80, 118 S.Ct.
998. Rather, "[t]he critical issue, Title VII's text indicates, is whether members of one sex
are exposed to disadvantageous terms or conditions of employment to which members of
the other sex are not exposed." Id. (internal citation and quotation marks omitted). The
Oncale court provided three ways a male plaintiff could establish a hostile work
environment claim based on same-sex harassment: (1) where the harasser making sexual
advances is acting out of sexual desire; (2) where the harasser is motivated by general
hostility to the presence of men in the workplace; and (3) where the plaintiff offers
"direct comparative evidence about how the alleged harasser treated members of both
sexes in a mixed-sex workplace." Id. at 80-81, 118 S.Ct. 998; see King v. Super Serv.,
Inc., 68 Fed.Appx. 659, 663 (6th Cir.2003).
Nothing in Vickers' complaint indicates that his harassers acted out of sexual desire.
Similarly, the complaint does not support a...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08