Can an employee sue for same-sex harassment?
Same-sex harassment may violate Title VII, if the harassment is based on sex rather than sexual orientation.
I'm a gay man, and I wait tables at a downtown sports bar. A few of the guys I work with have started mocking the way I dress, the way I walk, the way I talk to customers, just everything about me. They call me "sister" and "girlfriend," they joke about my pants being too tight, call me "swishy," "fag," "homo," and worse. It started out with an occasional teasing comment, but now they rag on me all of the time. One of them has started slapping me on the bottom and even once pretended to hump me from behind, while saying that he knew I wanted him and he would find me alone one day. I was annoyed and angry, but now I'm a little scared too. Do I have a sexual harassment case based on my sexual orientation?