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Thursday, May 01, 2003

Expanding the Meaning of "Sexual Harassment"?

A homosexual male is suing his employer under Title VII for uncharitable statements made by heterosexual male co-workers. The plaintiff in this case is positing that he is a victim of unlawful "gender stereotyping". In other words, just as it is unlawful for an employer to terminate (actually or constructively) a woman for "acting too much like a man", the plaintiff here is arguing that he was constructively terminated by his employer's failure to adequately punish those co-workers who were harassing him for not being enough of a "real man". The significant distinction that I see here, however, is that when one alleges that a woman is acting too much like a man, the woman is not necessarily being criticized because of her sexual desire or orientation. That appears to be the situation with the plaintiff here, and since there is no cause of action under Title VII for discrimination on the basis of sexual orientation, the defendant/employer should win. Then again, I'm not the judge.

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