Title VII of the Civil Rights Act prohibits discrimination based on sex.  But, the Supreme Court has said that does not truly mean "based on sex."   Oncale v. Sundowner Offshore Services concerned some oil rig workers who harassed a fellow male employee in a sexual way.  But, they did not want or intend a homosexual relationship.  We now know that Oncale did not in any way find that harassment based on homosexuality was covered by Title VII.  Many court decisions since Oncale make that clear.  

But, is that fair?  More importantly, is that what Title VII says?  If an employee is fired because s/he will not participate in homosexual activity, is that fair?  Or, is it fair if an employee is fired because s/he does participate in homosexual activity?  Fairness is hard to find in the law, often times.  As lawyers, we have to look at what the law says, not necessarily what is fair.  If Title VII prohibits discrimination based on sex, then why does that not apply to all discrimination based on sex? 

A client of mine was harassed by a supervisor who was probably homosexual.  He harassed my male client in a sexual manner, grabbing his buttocks and making sexual innuendo.  The male supervisor almost certainly did not seek any sort of a relationship.  But, his harassment was apparently based on sex.  My client probably is protected by Title VII.  He may have remedy in the courts.  But, what if the supervisor did want a homosexual relationship?  if the boss did want a relationship, then my client has no remedies……