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...unanimous decision written by one of the most conservative Justices, Antonin Scalia, the court said men who sexually harass other men (and women who harass women) are discriminating against them and thus breaking a law, the 1964 Civil Rights Act. It was only 12 years ago that the court ruled for the first time that sexual harassment--a vague term that most often includes unwelcome come-ons and touching--amounted to discrimination. That decision was seen as an advance for women suffering abuse from lecherous bosses and co-workers, and indeed nearly 9 of every 10 sexual harassment claims...

Author: /time Magazine | Title: Harassed Or Hazed? | 3/16/1998 | See Source »

Brutal, yes. But illegal sexual harassment? Even after the Supreme Court's ruling, Oncale might not convince a jury that Sundowner and its men discriminated against him. Scalia's brief opinion merely allows the possibility for the first time. Sundowner attorney Harry Reasoner says his clients deny the shower incident. They admit to roughhousing with Oncale, but they didn't single him out for special abuse, Reasoner says. "All males who go onto an offshore platform are subject to a kind of hazing." Reasoner also points out that Oncale could have brought state assault charges against the men but went...

Author: /time Magazine | Title: Harassed Or Hazed? | 3/16/1998 | See Source »

Oncale will have to convince a jury that he was discriminated against "because of" his gender. That's what the Civil Rights Act says. Scalia noted that behavior with mere "sexual content" isn't necessarily illegal. There's no law against acting like a sex-crazed boor--so long as one acts that way to men and women alike. The court isn't creating any "general civility code," Scalia noted...

Author: /time Magazine | Title: Harassed Or Hazed? | 3/16/1998 | See Source »

...rights groups, the court defended the right of a Louisiana oil-rig worker to sue three coworkers for sexual harassment, even though all involved are men. "We see no justification... for a categorical rule excluding same-sex harassment claims from the coverage of Title VII," Justice Antonin Scalia wrote for the court...

Author: /time Magazine | Title: High Court: Same Sex, Same Law | 3/4/1998 | See Source »

...Reagan named him to the prestigious D.C. Federal Appeals Court, a traditional waiting room for Supreme Court nominees, which was the position Starr wanted. During six years on the appeals court, Starr was on the more moderate side of a conservative voting bloc that included Robert Bork and Antonin Scalia at its rightward end. He got a reputation as a consensus builder, ruling against affirmative action and busing but strongly supporting the First Amendment, notably in a high-profile decision favoring the Washington Post when it was sued for libel by Mobil chairman William P. Tavoulareas...

Author: /time Magazine | Title: Inside Starr and His Operation | 2/9/1998 | See Source »

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