THE ROLE OF SEX IN SAME-SEX HARASSMENT CLAIMS

Few topics in employment law have divided the courts so thoroughly in recent years as the question whether same-sex sexual harassment claims are cognizable under Title VII. The authors review recent case law on the topic and conclude that same-sex harassment claims are viable und er Title VII only in extremely limited circumstances, namely, when the harassment is ''based on membership in a class delineated by gender, rather than sexual activity regardless of gender.'' When so analyzed, same-sex harassment claims remain properly moored to the dock of sex d iscrimination under Title VII.