The alleged harassment is very sexual orientation-specific. For example, homophobic slurs, and this allegation (earmuffs kids):
I still think this case lends itself to established gender stereotyping and male-on-male sexual harassment analysis without necessarily reaching the EEOC's endgame of establishing that "sexual orientation discrimination necessarily entails treating an employee less favorably because of his sex." Only time (and a few court decisions) will tell.
McClendon routinely made other unwelcome and offensive sexual comments to Baxley. For instance, upon learning that Baxley is gay and had a male partner (and to whom he is now married), McClendon made highly offensive statements to Baxley about Baxley’s relationship with the partner such as saying, “I always wondered how you fags have sex,” “I don’t understand how you fucking fags have sex,” and “Who’s the butch and who is the bitch?”
Not official use.