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Pennsylvania Employee Law Blawg > Posts > Third Circuit Reverses Dismissal of Title VII Male Gender Stereotype Claim

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Third Circuit Reverses Dismissal of Title VII Male Gender Stereotype Claim
In Prowel v. Wise Business Forms, Inc., PICS Case No. 09-1428 (3d Cir. Aug. 28, 2009), opinion available here, the Third Circuit reversed summary judgment in favor of defendant employer on plaintiff's Title VII claims. The Third Circuit held, in an opinion by J. Hardiman, that even though discrimination on the basis of sexual orientation is not protected by Title VII, plaintiff, an avowed homosexual, had established sufficient evidence of gender stereotyping to survive summary judgment (Title VII gender stereotyping claims were recognized by the Supreme Court in Price Waterhouse v. Hopkins, 490 U.S. 228 (1989)). The Circuit Court affirmed summary judgment on plaintiff's religious discrimination claims, ruling that plaintiff failed to establish any religious discrimination, other than discrimination on the basis of sexual orientation.

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