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Janet Halley, Sexuality Harassment, in Directions in Sexual Harassment Law 182 (Catherine MacKinnon & Reva Siegel eds., 2004).

Abstract: The Supreme Court has held that same-sex sex harassment may be sex discrimination within the ambit of Title VII. Its opinion in Oncale v. Sundowner Offshore Services tells us that same-sex harassing conduct that meets other criteria in the doctrinal scheme is conclusively sex discrimination when it is motivated by erotic attraction. Thus the Court indicates that same-sex erotic overtures at work can be sex discrimination, and invites lower courts to test for erotic content by inquiring into the sexual orientation of the individual defendant. Where the defendant in a same-sex sex harassment case is not homosexual, the Court tells...