Randy, a homosexual male, refuses to award Martin, a heterosexual, a well-deserved raise unless Martin will have sex with him. Martin refuses, and does not receive the raise. Martin brings a claim of sexual harassment against Randy on the grounds that Martin conditioned the raises of the men in his department on the granting of sexual favors, but did not similarly condition the raises of the women in his department:

Question

Quizplus · Accepted Answer

Martin can proceed on a claim under Title VII based on sex or gender as he was subjected to harassment because of his sex or gender, since only the male employees were subjected to the condition of granting sexual favors for raises. However, Martin's sexual orientation is not relevant to the claim, as it is based on his sex or gender discrimination. The Defense of Marriage Act does not apply to this scenario as it pertains to federal recognition of same-sex marriages and not employment discrimination. Raises in compensation can be considered a condition of employment covered by Title VII, hence option (B) is incorrect.

Randy, a Homosexual Male, Refuses to Award Martin, a Heterosexual