SEXUAL ORIENTATION AND THE WORKPLACE - RECENT DEVELOPMENTS IN DISCRIMINATION AND HARASSMENT LAW

This article discusses the developing analysis used by courts to resol ve cases of harassment by and against homosexuals. In particular, it d iscusses the differing treatment given cases involving harassment by o ne individual against another individual of the same sex and cases inv olving harassment against an individual on the basis of sexual prefere nce. This article also discusses the growing trend among states to ena ct separate statutory provisions prohibiting discrimination based on s exual orientation. In addition, the article offers employers advice re garding defending against claims involving sexual preference harassmen t claims.