this finding to occur, it will be necessary for Myrna to file a complaint with the Equal Employment Opportunity Commission.
The question concerns the situation of a homosexual male employee who, following continual harassment from other males employees about his sexual (affinity) orientation, felt that it was in his best interests to resign to protect his physical and emotional health. The question for determination is whether the aggrieved employee has ground to pursue legal recourse against the male employees who harassed him. Two issues are of the greatest relevance. First, does sexual (affinity) orientation create a protected group in relation to sexual harassment claims? Second, does the male-on-male nature of the events described in the scenario have any effect on the determination?
The United States Supreme Court ruled in Oncale v. Sundowner Offshore Services, Incorporated (1998) that the factors that establish that employment-related sexual harassment exists is (a) sexual content in some form and (b) discrimin
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