I Cxnirt rules same-sex harassment | Senate votes for tough natitf
illegal, new guidelines set up
ursday
WASHINGTON (AP) — On-the-
job torment can be illegal sexual
harassment even when the of
fender and victim are the same
sex, the Supreme Court said
Wednesday in a decision that
could touch virtually every Amer
ican workplace.
The court said same-sex harass
ment can violate a federal anti-dis
crimination law as it voted unani
mously to revive a Louisiana lawsuit
closely watched by the nation’s em
ployers and gay-rights groups.
In that lawsuit, a man alleged
he was sexually harassed by three
other men while working on a Gulf
of Mexico oil rig.
Wednesday’s decision provided
important new guidelines for re
solving sex-harassment claims, but
plenty of questions remain about
the legality of certain conduct in
specific employment settings.
“Common sense and an appro
priate sensitivity to social context
will enable courts and juries to dis
tinguish” between what is legal
and illegal, Justice Antonin Scalia
wrote for the court.
“We’re very pleased with the
commonsense standard the court
adopted,” said Ann Reesman, a
lawyer for the Equal Employment
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Advisory Council, an employers’
group. “This adds some clarity.”
Gay-rights advocates also
praised the ruling. “Civil rights law
will no longer unfairly exclude
same-sex sexual harassment, and
this fact will benefit all American
“[The Ruling] once and
for all places sexual
harrasment law squarely
in the mainstream of
anti-discrimination law.”
Kathy Rodgers
NOW Legal Defense Fund
workers,” said Elizabeth Birch of
the Human Rights Campaign.
The ruling allows victims of ho
mosexual harassment to get into
federal court even though Con
gress never has said bias based on
sexual orientation is illegal.
Kathy Rodgers of the NOW Le
gal Defense and Education Fund
said the ruling “once and for all
places sexual harassment law
squarely in the mainstream of
anti-discrimination law.”
The term “harassment” does
not appear in the text of the anti
bias law known as Title VII of the
Civil Rights Act of 1964. But the
Supreme Court ruled in 1986 that
sexual harassment amounts to dis
crimination if it creates a “hostile
environment” in the workplace.
In subsequent rulings, the jus
tices said a hostile environment
can come about not only by overt
ly sexual behavior but also by “dis
criminatory intimidation, ridicule
and insult... sufficiently severe or
pervasive to alter the conditions of
the victim’s employment.”
Scalia’s seven-page opinion
said, “We see no justification... for
a categorical rule excluding same-
sex harassment claims from the
coverage of Title VII.” But he
warned lower courts about mis
taking “ordinary socializing in the
workplace — such as male-on-
male horseplay or intersexual flir
tation — for discriminatory condi
tions of employment.”
All circumstances must be con
sidered, Scalia said and gave the
example of a football coach
smacking the fanny of a player
who’s heading onto the field.
standards for drunken driv^"
WASHINGTON (AP) — The money in fiscal 2002, and 10 per-
Senate strongly endorsed tough cent after that,
national standards for determin- Support for the new standard
ing drunken driving on Wednes
day, overcoming opposition from
lawmakers who complained that
Washington was meddling with
state decisions.
“I hope that the happy hour is
over for drunk drivers,” said Sen.
Frank Lautenberg, D-N.J., one of
the chief sponsors of the measure.
He predicted that the tougher
standard could save more than
500 lives a year.
Sen. Mike DeWine, R-Ohio, the
other chief sponsor, added: “This
problem is much more than a state
problem: it’s a national tragedy.”
Anti-drunken driving groups
estimate that in 1996, more than
17,000 of the 40,000 deaths on the
nation’s highways resulted from
alcohol-related accidents.
By a 62-32 margin, the Senate
urged states to set a .08 percent
blood-alcohol content as the
threshold for drunken driving.
Currently, 15 states have that
standard while 35 states use a
more lenient .10 percent.
States that do not accept the
tougher standard would lose 5
percent of their federal highway
crossed party lines, with 26 Re
publicans — _
including stal- h
wart conserv-
atives such as j]
Sens. Jesse j
Helms and jj
Lauch Fair- |
cloth of North
Carolina —
joining 36 De
mocrats.
President
Clinton, who
had pressed for passage, thanked
the Senate for acting and urged
the House to follow suit. "It will
save hundreds of lives each year.”
he said at the White House.
The drunken driving measure
was presented as an amendment to
a $173 billion, six-year highway
funding bill. Coming up was anoth
er highly contentious amendment
that would seek to end a program
giving 10 percent of construction
contracts to women and minorities.
“The first battle for a national
uniform .08 law has been won,"
said Judith Lee Stone, president of
Advocates for Highway and Auto
Safety. “We nowtaij
the halls of theHouS
sentatives.”
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