In a sexual harassment case, is a defendant's sexual orientation relevant to a claim of sexual harassment?

MultiRegion, United States of America

The following excerpt is from Heilman v. Chernis, No. 2:11-cv-0042 JAM EFB P (E.D. Cal. 2012):

In interrogatory number 25, plaintiff requested that defendant "explain his sexual orientation." Defendant objected on privacy grounds and on the ground that the request is not reasonably calculated to lead to the discovery of admissible evidence. Plaintiff argues that a response would support his claim that defendant "fondled [him] for sexual pleasure . . . ." Dckt. No. 50 at 14-15. The sexual orientation of an alleged harasser may very well be relevant to a claim of sexual harassment. See, e.g., Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 80 (1998) (an inference of discrimination "would be available to a plaintiff alleging same-sex

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