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Sundowner’s argument that same sex discrimination doesn’t exist is faulty. Sexual abuse of men by men is, and always has been, a serious and neglected social problem. Typically, men are raped by other men when they are isolated in a situation where there are no women; in prisons, in confined and isolated work sites, in the military, at all male colleges, and in athletics. Male sexual aggression has always had widespread negative effects and deep roots in egoism and perceived sexual inequality. I am glad the court recognized that some weaker members of society are targeted simply because they are easy targets.

When Sundowner claimed that Title VII was created specifically for women who have been harassed by men, it’s obvious they were trying to use the letter of the law, versus the spirit of the law to extricate themselves from a lawsuit and avoid harmful publicity. In reality, the act was written during a time when quid pro quo, man/woman sexual harassment was a highly controversial and political issue. However, I believe Sundowner was only trying to hide behind legalese armor and refused to admit that they failed in their more basic responsibility to protect the dignity, and physical and emotional well being of an employee. Regardless of Title VII’s original legal intent to protect women, the situation certainly applied to Joseph Oncale.

Again, I agree with Solomon who states, “Responsibility need not mean that you are the cause of the problem, it does mean, however, that you are in a position to do something about it, and just as important, that you ought to do something about it” (70).

John Lyons was guilty of a serious abuse of power. And because Oncale’s immediate supervisor was one of the main perpetrators, he had no recourse but to report the mistreatment to Lyon’s superiors. Indeed, Oncale followed the chain of command but Sundowner executives looked the other way when one of their employees was being cruelly harassed. They might have avoided the lawsuit altogether if they had taken immediate action when Oncale first complained. Their silence showed an extreme lack of compassion and was an indirect endorsement of the situation.

Sundowner’s attorneys also argued that the original intent of the Civil Rights Act was to safeguard against gender discrimination, not to create a “general civility code among men.” Even if Oncale’s treatment were a type of hazing, that all of Sundowner’s employees experienced, it was still wrong. “It’s a company tradition” doesn’t work as an excuse. Policies and company traditions should support ethics, not create them. Traditions can be wrong and when they are, they should be changed or eliminated.

I have a difficult time understanding the mindset of people that are able to treat others so brutally. It frightens me to apply Kant’s theory of universalizability in this case, but after a fair amount of research I realize that this type of male-aggressive behavior is more prevalent than I had ever imagined. It’s unsettling because it smacks of a “Lord of the Flies” mentality.

Men that engage in such behavior are obviously morally deficient, and that may not be changeable; but perhaps the Supreme Court’s judgment will at least let those same men know that the law considers such behavior morally and legally wrong, and from now on, they must pay for the crime of sexual harassment, regardless of their victim’s gender.

Bibliography

Solomon, Robert C. “The Right to Dignity: Harassment and Sex in the Office.” It’s Good Business: Ethics and Free Enterprise for the New Millennium. Lanham: Rowman & Littlefield Publishers, Inc., 1997.

Cloud, John. “Harassed or Hazed?” Time Online Mar. 1998: Vol. 151.

Cornell University Law Department. Online. http://www.2law.cornell/edu

Oncale Amicus Brief. Online. http://members.aol.com/map/11215/Oncale/reader1.html

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