On August 28, 2009, the Third Circuit issued a ruling in Prowel v. Wise Business Forms, Inc., which clearly states that an employee can bring a claim of gender stereotyping sex discrimination under Title VII. The case was initiated by Brian Prowel who alleged that his employer harassed him and terminated his employment because of his gender. According to the complaint, Prowel was subjected to multiple instances of harassment, including being called “Princess” and “Rosebud” because he did not fit in with the other men at Wise, i.e., his effeminate mannerisms did not conform to those of the “stereotypical male.”
Finding that the examples of harassment that Prowel cited in his complaint were all examples of discrimination based on sexual orientation, the district court granted summary judgment for Wise. The Third Circuit reversed however, concluding that Prowel may have been harassed because of his failure to conform to gender stereotypes and not only because of his sexual orientation. According to the court, “[t]here is no basis in the statutory or case law to support the notion that an effeminate heterosexual man can bring a gender stereotyping claim while an effeminate homosexual man may not.” Accordingly, “as long as the employee…marshals sufficient evidence such that a reasonable jury could conclude that harassment or discrimination occurred because of sex, the case is not appropriate for summary judgment.”
This ruling is a significant victory for gay and lesbian employees because it affirms the notion that all employees, regardless of sexual orientation, can bring a discrimination claim under Title VII based on a theory of gender stereotyping. For information on The Employment Law Group® Law Firm’s LGBT Discrimination Practice, click here.
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