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Footnote


* It is noted that the Supreme Court has not as yet ruled as to whether same sex harassment is covered under the term "sex" in title VII, and that currently there is a split of authority on the issue (see, Joyner v AAA Cooper Transp., 597 F Supp 537 [MD Ala 1983], affd 749 F2d 732 [11th Cir 1984]; Wright v Methodist Youth Servs., 511 F Supp 307 [ND Ill 1981]; Garcia v Elf Atochem N. Am., 28 F3d 446 [5th Cir 1994]; Hopkins v Baltimore Gas & Elec. Co., 871 F Supp 822 [D Md]). However, based on the language of the Supreme Court in Meritor Sav. Bank v Vinson (477 US, at 64, supra ["when a supervisor sexually harasses a subordinate because of the subordinate's sex, that supervisor 'discriminates' on the basis of sex"]), I believe that should the issue reach the Supreme Court, same sex harassment will be deemed covered under title VII.


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