Acknowledging that Title VII does not prohibit discrimination and harassment based on sexual orientation, a Federal court held that a homosexual male -- just like a heterosexual male -- may pursue a claim of harassment based on gender stereotyping. Concluding that there was sufficient evidence of harassment based on gender stereotyping, the Court permitted the claim to proceed to trial. The Court did, however, reject the plaintiff's religious harassment claim on the grounds that the only basis for claiming harassment based on religion is that co-workers harassed the plaintiff because they believed that it is against their religion to be homosexual. The Court held that plaintiff's religious harassment claim, then, was truly a claim based on sexual orientation harassment, which is not statutorily prohibited. A copy of the decision can be read here.
Please visit the Farrell & Gunderson website and contact Eric W. Gunderson if you would like additional information or guidance on gender stereotyping or sexual orientation discrimination claims under Title VII.
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