Congress has repeatedly rejected legislation that would extend Title VII
protection to claims of sexual orientation discrimination. However,
under Title VII, an employee may raise a claim of gender discrimination if
that individual can demonstrate that an harasser was acting to punish the
employee’s noncompliance with gender stereotypes. The 3d U.S.
Circuit Court of Appeals has allowed the claim of a self-described
“effeminate man” to move forward to a jury trial, on the basis
that the plaintiff presented evidence that his co-workers harassed him
because of his non-compliance with male-associated stereotypes.
Prowel v. Wise Business Forms, Inc., 3d Cir., No. 07-3997, August
28, 2009.
