10.2190/IE.12.4.c U6U4641X1J13227Q 2 Fighting Back: Legal Options for Same-Sex Harassment Victims 303 312 20080214 20080214 20080214 20080214 U6U4641X1J13227Q.pdf http://baywood.metapress.com/link.asp?target=contribution&id=U6U4641X1J13227Q 4 Lawrence S. Kleiman Darrin S. Kass Andrew Wackerfuss Joan Benek-Rivera Bloomsburg University of Pennsylvania Georgetown University Recent court rulings on gender nonconformity discrimination afford gays and lesbians a modicum of protection from same-sex harassment in the workplace. Nine Circuit Court decisions were analyzed to identify the parameters of this protection. The analysis revealed that the courts have drawn a fine line when distinguishing between discriminating legally, based on sexual orientation, and illegally, based on gender nonconformity. The evidence and proof the courts used to define this line are discussed. The article concludes with recommendations aimed at assisting employees who have been victimized by same-sex harassment.