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August 31, 2009

Gay man's Title VII suit for gender stereotyping may go forward, 3d Cir rules

A federal appeals court has ruled that an effeminate gay man may pursue a Title VII claim alleging that he was targeted for harassment because he failed to conform to "gender stereotypes," even though there is no federal law specifically outlawing discrimination on the basis of sexual orientation.  In Prowel v. Wise Business Forms Inc., the 3d Circuit said that it can be difficult to discern whether the harassment a worker suffered "was because of his homosexuality, his effeminacy, or both."  Where the evidence is ambiguous, the court said, a jury should decide.

-SS

August 31, 2009 | Permalink

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