10.2190/1WKV-1KDM-U4M7-WD1Q 1WKV1KDMU4M7WD1Q 109 Emerging Trends in Employment Law: How Courts are Interpreting Harassment "Because of Sex" Since <em>Oncale</em> 109 122 20020509 20020509 20020509 20020509 1WKV1KDMU4M7WD1Q.pdf http://baywood.metapress.com/link.asp?target=contribution&id=1WKV1KDMU4M7WD1Q 2 Christine W. Lewis Under Title VII of the Civil Rights Act of 1964, the courts have had the most difficulty determining discrimination based on sex. Consequently, the federal circuit courts of appeal developed inconsistent results regarding whether same-sex harassment was covered prior to the U.S. Supreme Court's decision in <em>Oncale v. Sundowner Offshore Services, Inc.</em>. This article examines case law on sexual harassment prior to 1998 and the Court s decision in <em>Oncale</em>: that same-sex harassment is actionable under Title VII. The article also describes how the courts are using <em>Oncale s</em> because of sex requirement to shape current sexual harassment case law.